How to Get a DUI Expunged in Florida: Reduction, Sealing, and Filing

A DUI conviction in Florida cannot be expunged or sealed. Florida law requires judges to adjudicate guilt in every DUI case, and that formal conviction permanently disqualifies the record from clearing. If your DUI charge was dismissed, dropped, acquitted, or reduced to reckless driving before you were convicted, the arrest record likely qualifies for sealing or expungement, and that is where this guide focuses. Learning how to get a DUI expunged in Florida really means learning which non-conviction outcomes open the door and how to walk through it.

Why a DUI Conviction Is a Dead End

Two Florida statutes work together to lock out DUI convictions. The sealing and expungement laws both require that you were never adjudicated guilty of the offense you want removed.¹ For most criminal charges, a judge can withhold adjudication after a plea, which preserves eligibility. DUI is the exception. Florida law prohibits any court from withholding adjudication for a DUI violation.² Plead guilty or get found guilty of DUI and the judge has to enter a conviction. That conviction then kills your eligibility.

No amount of time, no completion of probation, no later good conduct changes this. A completed DUI conviction stays on your Florida record permanently.

The Reckless Driving Reduction

For most people searching for a way to clear a DUI record, this is the real path. When a DUI charge is negotiated down to reckless driving before disposition, the case changes character. Reckless driving is not subject to the mandatory adjudication rule, so a judge can withhold adjudication on the reduced charge. A withheld adjudication means no conviction appears on your record even though you entered a plea.

With adjudication withheld on reckless driving, you become eligible to petition for sealing under Florida’s sealing statute.³ After the record has been sealed for at least 10 years, you can petition to convert the seal into a full expungement.¹

Reductions are not automatic. Prosecutors look at your blood alcohol level, whether an accident occurred, your prior record, and weaknesses in the state’s evidence. A first-time DUI with a BAC below 0.15 and no accident has the strongest odds. The negotiation happens before trial, and the outcome often depends on how it is handled, so this is the point where a defense attorney tends to pay for themselves.

Other Case Outcomes That Qualify

If your case never produced a conviction in the first place, you can petition directly for expungement without first sealing. Qualifying outcomes include:¹

The state attorney declined to prosecute or filed a nolle prosequi.
The court dismissed the charges.
A judge or jury returned a not guilty verdict.
You were arrested but no formal charges were ever filed.

Baseline Eligibility Rules

Case outcome is only the first filter. Florida applies several additional requirements to every sealing and expungement petition:³

You cannot have been convicted of any criminal offense in Florida or any other state, ever. This applies to your entire history, not just the charge you want cleared.
You cannot have previously sealed or expunged another record in Florida. The state allows one lifetime use, with the narrow exception of converting a 10-year-old seal into an expungement.
You cannot still be on probation, community service, or any other court-ordered obligation tied to the case.
The offense cannot sit on the statutory list of charges that are categorically barred from relief regardless of outcome.

The one-lifetime rule trips people up. If you sealed a youthful shoplifting case at 20, you cannot seal or expunge your DUI-related record at 35. Pick the record that matters most if you have more than one option.

Sealing or Expungement: Which One You Get

Sealing places the record under a confidentiality order. The general public, most private employers, and standard background check vendors cannot see it, though a long list of government and licensing agencies still can. Expungement goes further: the physical records are destroyed, and in most situations the law treats the record as if it never existed.¹

Which one you can get depends on how the case ended. Withheld adjudication (the reckless driving scenario) qualifies for sealing first, with expungement available after 10 years. Dismissals, acquittals, and no-file cases qualify for direct expungement.

Step One: Get a Certificate of Eligibility From FDLE

Everything starts at the Florida Department of Law Enforcement. You submit an application through FDLE’s online portal or by mail.⁴ The package must include:

A certified copy of the case disposition from the clerk of court in the county where the case was handled.⁵
A legible set of fingerprints on the required FBI card, taken by a law enforcement agency or approved vendor. FDLE does not accept electronically submitted prints for this purpose.⁶
A nonrefundable $75 processing fee, paid by money order, cashier’s check, or personal check made out to FDLE.⁵

FDLE reviews your criminal history against the statutory criteria. Processing takes about 12 weeks from receipt of a complete application, and FDLE does not expedite.⁴ If approved, you get a Certificate of Eligibility that is valid for 12 months.³ Miss that window and you reapply and pay again.

Step Two: Petition the Court

With the certificate in hand, you file a petition in the circuit court for the county where the arrest occurred. The petition includes a sworn statement, the FDLE certificate, and supporting documents. The state attorney’s office gets a chance to object. A judge reviews the petition and may hold a hearing, though some courts grant straightforward petitions on the papers.

When the order is granted, the clerk forwards copies to FDLE, the arresting agency, and the state attorney, directing them to seal or destroy the records. Keep copies of everything in your own file before this happens. Once records are sealed or expunged, getting copies becomes very difficult.⁵

What It Costs and How Long It Takes

Plan on the following:

FDLE processing fee: $75, nonrefundable.⁵
Certified disposition from the clerk: usually under $10 to $25, varying by county.
Fingerprinting: roughly $10 to $50, depending on the agency or vendor.
Court filing fee: generally around $40 to $50, varying by county.
Attorney fees if you hire one: typically $1,000 to $4,000, depending on complexity and whether a hearing is held.

Total elapsed time from FDLE application to a signed court order usually runs four to eight months. FDLE’s own review takes about 12 weeks, and the court process adds one to four months depending on local docket congestion. If FDLE denies the application, you can fix the identified issue and reapply, but you restart the clock.

Who Can Still See the Record

Sealing and expungement are not absolute. Even an expunged record must be disclosed, and remains accessible, in specific contexts:¹

Applying for a job with any criminal justice agency, including police departments, sheriff’s offices, and FDLE itself.
Seeking admission to the Florida Bar.
Applying for work with state agencies serving children, the elderly, or people with disabilities.
Seeking employment with the Department of Education, school districts, charter schools, or private schools.
Applying for a license from the Division of Insurance Agent and Agency Services.
Petitioning to become a court-appointed guardian.

Outside those categories, you can legally deny the arrest ever happened. On a standard private background check, a properly sealed or expunged record should not appear.

When It Still Shows Up on a Background Check

Commercial background check companies pull from court records, and there is often a lag between the court’s order and when private databases catch up. Some vendors scrape court records on a schedule and hold old data for months, so your DUI-related arrest can surface on a report weeks or months after it was legally cleared.

Federal law gives you a fix. Under the Fair Credit Reporting Act, a background check company must investigate any disputed item within 30 days, and must delete anything it cannot verify as accurate.⁷ A sealed or expunged record on a consumer report is, by definition, inaccurate. If the company fails to correct it, you may have a claim for damages including lost wages, emotional distress, and statutory damages up to $1,000 per violation. Hold onto a certified copy of your court order. It is the proof you will need to dispute any report that still shows the arrest.

1
The Florida Legislature. Florida Code 943.0585 – Court-Ordered Expunction of Criminal History Records
2
Florida Senate. Florida Code 316.656 – Mandatory Adjudication; Prohibition Against Accepting Plea to Lesser Included Offense
3
Florida Senate. Florida Code 943.059 – Court-Ordered Sealing of Criminal History Records
4
Florida Department of Law Enforcement. Seal and Expunge Process
5
Florida Department of Law Enforcement. Applying for a Certificate of Eligibility for Court-Ordered Sealing or Expungement
6
Legal Information Institute. Florida Administrative Code 11C-7.006 – Procedures on Court-Ordered Expunctions
7
Office of the Law Revision Counsel. 15 USC 1681i – Procedure in Case of Disputed Accuracy