Can a DUI be expunged in Florida?
Florida clears a DUI only where the charge was dismissed, acquitted or resolved through a diversion programme; a conviction stays. The licensing agency keeps the DUI on the driver record either way.
A DUI conviction is the offence most often written out of a state's expungement law. Where relief exists at all it usually arrives with a waiting period, a one-time limit and a list of disqualifiers, and clearing the court record is not the same as clearing the record the licensing agency keeps. The rules below are Florida's own, each quoted from the statute or the agency that holds the record.
Also called: court-ordered sealing of criminal history records.
Whether a DUI can be cleared at all
| What the relief is called | court-ordered expunction |
|---|---|
| A DUI conviction | Only if the charge was dismissed or diverted |
| Waiting period | not stated as a fixed period |
| How it is obtained | By petition only |
| Filing fee | $75 |
Florida expunction under Fla. Stat. § 943.0585 is available only where no charging document was filed, the charge was dismissed or nolle prosequi, or the person was acquitted. Sealing under Fla. Stat. § 943.059 requires that the person has not been adjudicated guilty of the acts in the petition, and Fla. Stat. § 316.656(1) bars any court from withholding adjudication for a DUI, so a DUI that ends in a conviction has no route to either remedy.
“Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193, for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.”
The driving record is a separate record
This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.
Not cleared. The Department of Highway Safety and Motor Vehicles states that alcohol-related entries carry a 75-year retention period on the Florida driving record, far longer than the 3-to-5-year retention it describes for most other violations. No Department page describes criminal-record sealing or expunction as removing an alcohol-related entry from the driving record.
“Alcohol related entries have a 75-year retention period.”
What else sits on that record: suspensions and points in Florida.
How long the wait is, and from when
Neither the expunction statute nor the sealing statute sets a number of years that must pass. For sealing, Fla. Stat. § 943.059(1)(d) requires only that the person is no longer under court supervision for the arrest covered by the petition. A certificate of eligibility issued by the Department of Law Enforcement is valid for 12 months.
“The person is no longer under court supervision applicable to the disposition of arrest or alleged criminal activity to which the petition to seal pertains.”
Automatic or by petition
Florida clears an adult record only on application and petition. Fla. Stat. § 943.059(2) requires a person to apply to the Department of Law Enforcement for a certificate of eligibility before petitioning the court, and § 943.059(4)(e) states the section confers no right to sealing and that a request may be denied at the court's discretion.
“Before petitioning the court to seal a criminal history record, a person seeking to seal a criminal history record must apply to the department for a certificate of eligibility for sealing.”
Where it is filed, and what it costs
| Filed with | the Florida Department of Law Enforcement issues the certificate of eligibility; the petition is filed with the court that handled the case |
|---|---|
| Filing fee | $75 |
| Form | Seal and Expunge Application · fdle.state.fl.us |
The Department of Law Enforcement requires a completed application packet with a certified copy of the disposition of the charge and a $75 processing fee, which the executive director may waive. The certificate of eligibility is valid for 12 months. The petition to the court must be accompanied by the certificate and a sworn statement, and a copy is served on the state attorney and the arresting agency.
“Remits a $75 processing fee to the department for placement in the Department of Law Enforcement Operating Trust Fund, unless the executive director waives such fee.”
Whether a cleared DUI still counts as a prior
Fla. Stat. § 316.193(2)(b)1. makes a third DUI violation a third-degree felony when it occurs within 10 years after a prior conviction under the same section, so a prior DUI conviction continues to count for that period. The Department of Highway Safety and Motor Vehicles keeps alcohol-related driving-record entries for 75 years.
“Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree”
The statute: Fla. Stat. § 943.0585
“An indictment, information, or other charging document was filed or issued in the case giving rise to the criminal history record, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction”
Questions about clearing a DUI in Florida
- Can a Florida DUI conviction be expunged or sealed?
- No. Fla. Stat. § 943.0585 limits expunction to cases where no charge was filed, the charge was dismissed or nolle prosequi, or the person was acquitted. Fla. Stat. § 943.059 bars sealing where the person was adjudicated guilty of the acts in the petition. Because Fla. Stat. § 316.656(1) forbids a court from withholding adjudication for a DUI, a DUI conviction cannot reach either remedy.
- What happens if a Florida DUI charge is dismissed or reduced?
- Fla. Stat. § 943.0585(1) lists as eligible a record where no charging document was filed, or where the charging document was dismissed or nolle prosequi by the state attorney, dismissed by a court, or resolved by a judgment of acquittal or a not-guilty verdict. The Florida Department of Law Enforcement must first issue a certificate of eligibility before the petition goes to the court.
- Does clearing a Florida criminal record remove the DUI from the driving record?
- The Department of Highway Safety and Motor Vehicles states that alcohol-related entries have a 75-year retention period on the driving record, compared with 3 to 5 years for most violations. No Department page describes sealing or expunction as removing that entry. Separately, Fla. Stat. § 316.193(2)(b)1. counts a prior DUI conviction for 10 years when a later violation is charged.
Sources
- Fla. Stat. § 943.0585 — Court-ordered expunction of criminal history records (Florida Legislature, Online Sunshine)
- Fla. Stat. § 943.059 — Court-ordered sealing of criminal history records (Florida Legislature, Online Sunshine)
- Fla. Stat. § 316.656 — Mandatory adjudication; prohibition against accepting plea to lesser included offense (Florida Legislature, Online Sunshine)
- Fla. Stat. § 316.193 — Driving under the influence; penalties (Florida Legislature, Online Sunshine)
- FLHSMV — Questions About Driving Records (retention periods for driving-record entries)
- Florida Department of Law Enforcement — Seal and Expunge Process
Cite this page
Every state page quotes the statute or agency page each value comes from; when citing this page, include the verification date shown above.
WheelsBack. "DUI expungement and record sealing in Florida." Verified against primary sources August 29, 2026; sources re-checked September 4, 2026. https://wheelsback.com/florida/dui-expungement/