Florida DUI Expungement Attorneys
Reviewed: May 15, 2026
Florida treats DUI differently from most charges. A DUI conviction in Florida cannot be sealed or expunged — by statute. But not every DUI arrest ends in a conviction, and the cases that ended without one may still qualify.
Quick answer: DUI / DWI in Florida
Florida treats DUI differently from most charges. A DUI conviction in Florida cannot be sealed or expunged — by statute. But not every DUI arrest ends in a conviction, and the cases that ended without one may still qualify.
Who qualifies for DUI expungement in Florida?
A Florida DUI can be expunged or sealed only if the case did not end in a conviction. That usually means the charge was reduced to a lesser offense (such as reckless driving with no DUI plea), dismissed outright, or resulted in a not-guilty verdict. A withhold of adjudication is not available for DUI in Florida, which makes this analysis stricter than for other charges.
A lawyer will pull the court docket and confirm exactly how the case ended. The label on a background check does not always reflect the legal outcome.
How does the process work?
The process is the same as any Florida expungement: apply to FDLE for a Certificate of Eligibility, then file a Petition to Expunge or Seal in the court that handled the case. The State Attorney has the right to object — DUI cases draw more scrutiny than ordinary misdemeanors, so a written legal argument explaining why the case qualifies is often part of the petition.
How long does it take?
Plan for 9 to 14 months. DUI petitions are more often reviewed in a hearing, which can add time depending on the court calendar.
How much does it cost?
FDLE fee is $75. Court fees run $42 to $75. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them. Always confirm the fee in writing.
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How to expunge your Florida DUI arrest record
- Confirm case disposition shows no DUI conviction. Your attorney reviews the official court records to verify the DUI charge was dismissed, reduced to reckless driving with no conviction, or resulted in a not-guilty verdict. Any DUI conviction blocks expungement entirely.
- Request certified court disposition. Obtain a certified copy of the final disposition from the clerk of court. FDLE requires this official document showing the charge was resolved without a DUI conviction.
- Obtain State Attorney certification (Section B). The State Attorney who handled the case signs Section B of the FDLE application. DUI cases receive extra scrutiny, so expect more detailed review at this stage.
- Get fingerprints taken. Visit a Florida law enforcement agency for fingerprinting. Bring photo ID and the $5–$25 fee.
- Submit Certificate of Eligibility application to FDLE. Mail the complete package (application, certified disposition, Section B certification, fingerprints, $75 fee) to FDLE. Review takes 5–9 months. Source
- File Petition to Expunge in circuit court. Once FDLE issues the Certificate of Eligibility, your attorney files the Petition to Expunge. The petition typically includes a legal memorandum explaining why the DUI arrest qualifies for expungement.
- Attend hearing (if required). DUI petitions more often trigger a court hearing. The State Attorney may object or ask questions. The judge reviews the legal arguments and makes a ruling.
- Receive signed court order. If the petition is granted, the judge signs the expungement order. Certified copies are sent to FDLE, corrections, and other agencies. The DUI arrest record is expunged from public view.
Statutes cited
- Florida Statute § 943.059 (Expungement) — Fla. Stat. § 943.059
- Florida Statute § 943.0584 (Excluded offenses, including DUI convictions) — Fla. Stat. § 943.0584
Frequently asked questions
I was convicted of DUI. Can it ever be expunged in Florida?
No. Florida law specifically prohibits expungement or sealing of any DUI conviction, including a plea to DUI. A lawyer cannot work around that statute.
The DUI was reduced to reckless driving. Can the reckless driving be expunged?
Often yes — if the case was reduced without an adjudication of guilt, you may qualify. The lawyer will check whether the court entered a conviction on the reduced charge.
Will the DMV record clear too?
No. The Florida DMV driving record is separate. An expungement clears the criminal court record. The Florida driving record keeps DUI history far longer.
Will a future employer see this?
After expungement, most private background checks do not show the case. Government licensing, law enforcement, and some federal employers can still see it.
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