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Can I get my DUI expunged from my record???

Miami, FL |

Happened in Sept. 2009. I was 19 years old. No one else was involved. License suspended for 1 year. Since graduated Merrimack college with a Biology Degree. Applying to become an officer in the Navy and need this off my record.

Attorney Answers 7


  1. Unfortunately Florida law does not permit a sealing or expungement for any charge resulting in an adjudication of guilt. Your only hope is a governor's pardon and that is difficult if not impossible.

    This is not intended to be an attorney-client relationship and is my opinion only. Consult with a local attorney for additional advice.


  2. Probably not. Typically DUIs result in a conviction which makes them ineligible to be sealed/expunged. If you pled to a lesser offense (for example Reckless involving Alcohol) and received a withhold of adjudication, then it could be eligible.

    For more information or to contact this attorney, visit http://www.thecolbertlawfirm.com or call 407-412-7234. This information is for general purpose only and does not constitute legal advice or create an attorney- client relationship.


  3. I agree with my colleague, once you have been convicted of a crime Florida does not permit a case to be sealed or expunged. I would advise being proactive, discussing the issue with the recruiters and show what steps you have taken since and learned from the experience.

    Best of luck.

    Visit MastroLaw.com to ask your legal question or call for a more detailed free consultation for your legal issue. Call us at 727-202-5122 / 352-587-5011 / 813-252-2262 Any information provided is for general purposes only. An attorney client relationship is not formed.


  4. Bad news- DUI convictions cannot be expunged or sealed. The good news is that its not a felony and the military should accept you as you are not a convicted felon- just don't get a second one ever!


  5. Consider a Motion to Vacate Judgment and Conviction, though you may be barred by time limits to do so. You could try having an attorney sit down with the head of the State Attorney's Office DUI division, a colleague of mine, and "work something out". It's not outside the realm of possibilities.

    Call me if you like.

    Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship. I am only licensed to practice in the State of Florida and in federal courts. Florida Bar #337821, admitted 1982.


  6. If you were convicted then unfortunately you cannot have it expunged. If the charge was dropped then you may be eligible to have your record expunged or sealed.

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