I plead nolo contedere but was charged guilty. Is there any possibility to ever erase this from my record? If not how long will it be on my record?
DUI convictions are ineligible to seal and expunge in Florida. Moreover, in Florida a DUI can only be treated as a Conviction (i.e., adjudicated guilty) or no guilty. There is no Withhold of Adjudication on a DUI in Florida. Also, as one of the attorneys pointed out a motion to vacate or for post-conviction relief may re-open the case but the grounds are narrow, time sensitive and not typically granted.
The only shot you have is if you are successful in having the case reopened by filing a petition for post conviction relief. These motions are not routinely granted abd are supposed to be filed within 2 years after the judgment becomes final. However, there are a limited number of circumstances where you can get around the 2 year time restriction. Unfortunately, if you are unsuccessful, the conviction remains on your record for 75 years. If you need more info, just call.
I agree with all my colleagues. The simple answer is, unfortunately, no. Post Conviction relief after two years will generally only be allowed for newly discovered evidence. In my years of practice as an Asst. State Attorney and Defense Attorney I have never seen one granted in DUI after the two year mark.
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