Can you seal or expunge a DUI in Florida?

Have you been charged with DUI? Were you convicted of the crime? If so, you may be interested in researching what it would take to clear your criminal record. For most people, however, expunging your criminal record is impossible. The best possible time to avoid a DUI conviction will be before you get convicted.

Under Florida law, you may not seal or expunge a DUI conviction. However, there are some scenarios where an individual arrested for DUI, but not convicted, might later be eligible for a sealing or an expungement. Whether or not you can clear your DUI case from your criminal record depends entirely on whether or not you were convicted of the DUI.

A Tallahassee DUI defense lawyer can keep your record clean 

If you want to keep your record clear of a DUI charge, you must first avoid conviction for the DUI crime. In addition, there are three different ways in which an individual might be eligible to have the record sealed if they were only arrested for DUI. An experienced Tallahassee DUI defense lawyer can explain your options in detail and determine the best way to approach your case given the facts.

What DUI records are eligible for sealing? 

The key to keeping your DUI sealed is to prevent a conviction in the first place. This can be accomplished in a few different ways. These include:

• Your DUI attorney can negotiate a dismissal of the charges – if your DUI attorney can convince the prosecution that they can secure a guilty verdict based on the facts of your DUI case, then you may be able to negotiate a dismissal of the charges. The best way to achieve this is for your DUI attorney to investigate the case and find specific weaknesses such as a problem with the BAC testing or an unlawful traffic stop. If your DUI case is dismissed, the arrest will remain on your record. However, the arrest is eligible for possible sealing.
• You secure a not-guilty verdict – the prosecution must establish your guilt beyond a reasonable doubt. If there are weaknesses in their case, your DUI lawyer may be able to secure a not guilty verdict during the trial. The prosecution’s burden of proof is high. It can be very difficult to prove guilt beyond a reasonable doubt. This is especially true if they aren’t allowed to present chemical tests at trial. If you’re found not guilty, the arrest will remain on your record but is eligible for sealing.

• Withheld adjudication – in Florida, “withheld adjudication” means that the defendant has fulfilled agreed-upon requirements. Thus a judgment of conviction was never entered. Florida law does not allow adjudication to be withheld on a DUI charge. However, in some cases, a DUI attorney can negotiate with the prosecutor to reduce the charge to reckless driving. Adjudication can be withheld on a reckless driving charge. This means that you may be able to seal your record later if you were able to negotiate such a plea.

Talk to a Tallahassee FL DUI attorney today 

The Tallahassee criminal defense lawyers at Luke Newman, P.A. represent the interests of those charged with DUI. Call our office today to schedule an appointment, and we can begin discussing your options right away.