Can a DUI Be Expunged in Florida? What Sealing and Expunction Actually Cover

People usually ask this question in one of two moments: right after an arrest, when they are trying to understand what a DUI will do to their future, or years later, when a background check has turned up something they hoped was behind them. The answer is the same in both cases, but the options are very different.

A DUI conviction in Florida cannot be sealed or expunged. A DUI arrest can be, if the case ends without a conviction. The gap between those two sentences is where the important decisions in a DUI case get made.

Sealing and Expunction Are Two Different Things

Florida offers two forms of record relief, and they are not interchangeable.

Sealing (§ 943.059) makes a criminal history record confidential. The record still exists at the Florida Department of Law Enforcement, and a defined list of agencies (law enforcement, the courts, the Florida Bar, the Department of Children and Families, certain licensing bodies) can still see it. The public and most employers cannot.

Expunction (§ 943.0585) goes further. Most agencies must physically destroy their copies of the record. FDLE retains a confidential copy, and even the agencies that are entitled to know about it receive only a notation that a record was expunged, not the underlying details.

Both processes start the same way: an application to FDLE for a Certificate of Eligibility, with a $75 fee and a certified copy of the case disposition. Once the certificate issues, you petition the court that handled the case. The judge has discretion to grant or deny even when FDLE has confirmed eligibility. Under current law, a person gets one court-ordered sealing or expunction in a lifetime.

Why a DUI Conviction Can Never Be Sealed

The rule is not a policy choice about DUI specifically. It follows from two other rules working together.

First, sealing is only available when adjudication was withheld. Second, Florida Statute § 316.656 prohibits a judge from withholding adjudication on a DUI. Put those together and every DUI conviction is, by law, an adjudication of guilt, and an adjudication of guilt cannot be sealed.

There is a broader consequence. FDLE will not issue a Certificate of Eligibility to anyone who has ever been adjudicated guilty of a criminal offense in Florida. A DUI conviction therefore does not just stay on the record itself; it also blocks you from sealing or expunging any other arrest for the rest of your life.

One more point that is easy to miss: sealing and expunction apply to the criminal history record. They do not touch your DHSMV driving record, where a DUI conviction and any administrative suspension stay for 75 years. Insurers and employers who pull driving records will still see them.

When a DUI Arrest Can Be Expunged

An arrest is a record of an accusation, not a conviction. If the case ends in any of these ways, the arrest may qualify for expunction, provided you are otherwise eligible:

• The State Attorney declines to file charges
• The charges are dropped (a nolle prosequi) or dismissed by the court
• You are acquitted at trial

If the DUI was reduced to a different offense and adjudication was withheld on that offense, the record may qualify for sealing instead. This distinction matters, because the outcome of the criminal case decides which form of relief, if any, is available later.

Three Paths That Can Keep a DUI Off Your Record

In the Ninth Judicial Circuit, which covers Orange and Osceola County, a first-time DUI case can end without a conviction in three general ways.

1. DUI pretrial diversion. The State Attorney's Office runs a deferred prosecution program for certain first-time misdemeanor DUI cases, supervised by county community corrections. It has two tiers: a shorter track for breath results of .15 or below, and a longer track for refusals and results between .15 and .22. Results above .22, crashes, a minor in the vehicle, and prior DUI history generally disqualify a case. Participants complete DUI school, a substance abuse evaluation, community service, and a period of supervision. On successful completion, the State dismisses the DUI charge, and a dismissed charge can be a basis for expunction. Acceptance is at the State Attorney's discretion and is not guaranteed.

2. Reduction to reckless driving. Where diversion is unavailable or is not the right fit, a DUI is sometimes resolved as reckless driving. Unlike DUI, reckless driving allows a withhold of adjudication, and a reckless driving charge with a withhold can be sealed. It also avoids the DUI license revocation and the FR-44 insurance requirement that follow a DUI conviction. Whether a reduction is available depends on the evidence and the prosecutor.

3. Contesting the case. Some DUI cases have problems that do not survive scrutiny: a stop without a lawful basis, field sobriety exercises administered incorrectly, or a breath instrument with maintenance gaps. A successful motion to suppress or a dismissal ends the case without a conviction and opens the door to expunction.

Programs and policies differ by circuit. Seminole County and Hillsborough County each run their own first-offender tracks with different terms, so the right path depends on where the case was filed as much as on the facts.

What You Can Say Once a Record Is Sealed or Expunged

After a court orders sealing or expunction, Florida law generally lets you deny the arrest on job applications and in most other settings. There are exceptions. You must still disclose it when applying to the Florida Bar, seeking employment with a criminal justice agency, applying to work with children, the elderly, or the disabled, and in a handful of other licensing contexts. An attorney can walk you through which situations apply to you.

The Lifetime Limit Still Stands

Florida's rule that a person may seal or expunge only once in a lifetime is one of the strictest in the country. The Legislature considered a bill in the 2026 session that would have allowed multiple sealings in certain situations, but it did not pass. For now, the one-time rule applies, which makes the decision about when and whether to use it worth thinking through carefully.

Frequently Asked Questions

Can a DUI be removed from my record after 10 years in Florida?

No. There is no waiting period after which a Florida DUI conviction becomes eligible for sealing or expunction. The conviction is permanent.

If my DUI was reduced to reckless driving, can I seal it?

If adjudication was withheld on the reckless driving charge and you meet the other eligibility requirements, sealing is generally available. If you were adjudicated guilty of reckless driving, it is not.

Will an expunged DUI arrest still show on my driving record?

An expunction affects the criminal history record, not the DHSMV driving record. Any administrative license suspension from the arrest remains on the driving record.

Does completing DUI diversion mean the arrest is automatically expunged?

No. Diversion results in the charge being dismissed. Expunction is a separate process that you must apply for through FDLE and then petition the court.

How long does sealing or expunction take?

FDLE processing of the Certificate of Eligibility commonly takes several months, and the court petition adds time after that. The total is often six months or more.

This article is for general information and is not legal advice. Eligibility for record relief depends on your complete history and the disposition of your case. If you have been arrested for DUI in Orange, Osceola, or Hillsborough County, contact Casagrande Law for a confidential consultation. Hablamos español.