How Long Does a DUI Charge Stay on Your Record?

How Long A DUI Charge Stays on Your Record

A Florida DUI conviction can never be sealed or expunged. Under Florida Statute 316.656(1) no court may withhold adjudication for a violation of section 316.193, and Florida Statute 943.059(1)(c) allows sealing only where the person was not adjudicated guilty of the offense. A DUI conviction therefore stays on your criminal history record for good. Your driving record is a separate file: the Florida Department of Highway Safety and Motor Vehicles gives alcohol-related entries a 75-year retention period.

How far back a particular background check looks is a different question from how long the record lasts. The federal Fair Credit Reporting Act, 15 U.S.C. 1681c(a)(5), cuts off most adverse items at seven years but expressly excludes records of criminal convictions, so a background screening company may report a DUI conviction with no time limit at all. Employers, landlords and insurers each choose their own lookback window, and many look back only a few years, but nothing in federal law makes them stop.

But a DUI conviction can make your life more challenging for a period of time. In addition to losing your driver's license, you will likely receive a higher insurance rate when companies see the mark on your record. If you are applying to jobs that require you to drive while on the clock, you may have difficulty finding employment, as a driver with a DUI conviction can be a liability to the company.

For this reason, you must hire an experienced criminal defense attorney. It may be possible to have your DUI charges reduced or dismissed.

Can You Get a DUI Expunged from Your Record in Florida?

It depends on how the case ended. A DUI conviction can never be expunged. If you were arrested and the charge was dropped, dismissed or nolle prossed, the arrest record may qualify for expunction under Florida Statute 943.0585. If the charge was reduced and the court withheld adjudication, it may instead qualify for sealing under Florida Statute 943.059.

That's just one of the many important reasons to act quickly if you are arrested for a DUI. The best bet for avoiding a conviction is to work with an experienced criminal defense attorney who will fight to keep your DUI from becoming a conviction.

Sealing or Expunging a DUI Charge or Arrest

Considering the severe consequences of even being arrested or charged with a DUI, and the lingering effect it can have on your life, it's reasonable that you would want to have even these charges removed or expunged or to have your record sealed.

As mentioned, in Florida, you can't have a DUI conviction expunged. It will be a permanent part of your record. However, you may be able to have your arrest record sealed if you were acquitted, your DUI was dismissed, or it was reduced to a less serious offense. By having your record sealed, it will not be accessible by the public or in a background check but will technically still be a part of your record.

Florida Statute 943.059(1) sets the conditions. You must not have been adjudicated guilty of any charge arising from that arrest, you must no longer be under court supervision for it, you must never have been adjudicated guilty in Florida of a criminal offense, and you must never have had a record sealed or expunged before. Even then sealing is discretionary: Florida Statute 943.059(4)(e) says the section confers no right to sealing and a judge may deny the petition.

How to Seal Your Florida DUI Arrest Record

If you are arrested but not convicted, you may be able to get your DUI charge or arrest sealed so that it doesn't show up on your public record. If the charges were dropped or the case was dismissed, you may be able to have the record sealed. In terms of background checks, this is as effective as having your DUI expunged since this part of your record will not be accessible. In addition, if your charges were changed to something like reckless driving, there is also a chance you have your arrest sealed.

To have a DUI arrest record sealed, your first step is to apply to the Florida Department of Law Enforcement (FDLE) for a certificate of eligibility. The application is sworn, and Florida Statute 943.059(2)(a) requires you to submit a certified copy of the disposition of the charge and a $75 processing fee, which the executive director may waive.

If FDLE agrees the record is eligible, it issues a certificate of eligibility. Florida Statute 943.059(2)(b) makes that certificate valid for 12 months from the date stamped on it, and after that you have to reapply and be reassessed under the law in effect at the time. Your next step is to petition the court where the DUI charges were originally filed. The clerk of that court has the forms, and the petition has to be accompanied by your sworn statement.

The petition, your sworn statement and the FDLE certificate of eligibility are then filed with the clerk of the court. Florida Statute 943.059(5)(a) also requires a copy of the completed petition to be served on the state attorney and on the arresting agency, and either may respond to the court.

You will then need to attend a hearing where you can offer the judge the reasons why your DUI arrest record should be sealed. This can be a lengthy, convoluted process, so it's best to hire an attorney experienced with DUI cases and record sealing who can fight for your rights at a hearing.

Pleading Guilty to a Lesser Charge

If you are facing criminal charges for driving under the influence, hire a lawyer who knows the ins and outs of the legal system and is experienced in DUI cases. You may be able to plead guilty to a lesser charge, depending on the circumstances surrounding your arrest.

If your blood alcohol content was not particularly high at the time of your arrest, there was no motor vehicle accident that took place, and no one was injured as the result of your driving your chances of being able to plead to a lesser charge are much higher. Additionally, if this is your first arrest for a DUI and you have no other prior criminal record, your chances at getting a plea bargain fare better.

You may be able to plead guilty to a reckless driving charge, or what is known as a "wet reckless" in the state of Florida. The good news is that if you plead guilty to reckless driving it may be possible to have the charge sealed at a later time. The charge will also come off your record much more quickly than a DUI.

Pretrial Diversion in the State of Florida

DUI Pretrial Diversion programs in the state of Florida are one way to keep a conviction off your record, preserving your reputation and avoiding the challenges that come with a conviction. DUI Pretrial Diversion programs entail various classes, and you must pay for them. You will also likely have to pay fines and court fees, complete community service hours, and you may have to complete a drug and alcohol rehabilitation program.

Pretrial Diversion programs are somewhat similar to probation. You may have to submit to random drug tests and you will have a supervisory officer you must report to regularly.

The benefit of diversion is what happens at the end of it. These programs are run by each circuit's state attorney, and the usual term is that the state drops the charge once every condition is met. Admission is at the prosecutor's discretion rather than the judge's, so a criminal defense attorney is the person who makes that request on your behalf.

How a DUI Attorney Can Help Your Case

A DUI conviction stays on your Florida criminal history record permanently and on your driving record for 75 years, so the time to get a defense lawyer involved is at the start. You do not have to prove your innocence. The state has to prove every element beyond a reasonable doubt, and a defense lawyer begins by looking for the points where it cannot.

An attorney will examine the following parts of your case:

• Did law enforcement have just cause to stop you?
• Was the breathalyzer test administered properly?
• Is it possible that the breathalyzer malfunctioned during use?
• Did you pass a field sobriety test?
• How high was your blood alcohol content?
• Did police read you your proper rights upon arrest?
• Were you granted the chance to speak with your lawyer upon request?
• Was all police protocol followed?
• Are all the reports regarding your arrest complete and accurate?

You never have to answer police questioning without an attorney present. Police do not, however, have to read Miranda warnings at the moment of arrest. Under Miranda v. Arizona, 384 U.S. 436 (1966), the warnings are required before a custodial interrogation, and the remedy when they are skipped is suppression of what you said, not dismissal of the case.

There are many other elements of your arrest that an attorney will look at. There is a lot of paperwork that accompanies an arrest report and police must complete these reports properly. Only a DUI defense attorney will know precisely what to look for when helping your case.

Protecting Your Record From DUI Charges

If you are facing a Florida DUI charge, call Weinstein Legal Team before the case moves any further. Depending on the facts, the paths worth exploring include a reduction to reckless driving under Florida Statute 316.192, a pretrial diversion program, or a motion attacking the stop, the field sobriety exercises or the breath test. Which of those is realistic turns on your breath or blood reading, your record and what the officer actually did.

Matt Shafran is a former prosecutor and the managing partner over criminal defense at Weinstein Legal Team. Whether you were arrested in Miami, Fort Lauderdale, Boca Raton or West Palm Beach, he handles DUI cases in courthouses across Florida. He will hold the state to its burden of proof and press every issue your arrest raises. From your first call you have access to your lawyer around the clock.

For a FREE case evaluation and to see how the team at Weinstein Legal Team can help you with your DUI charges call 954-845-0505. We handle DUI cases throughout Florida.