Can I seal or expunge a DUI charge that happened 5 years ago?

Asked over 1 year ago - Miami, FL

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?

Attorney answers (6)

  1. Jennifer Ann Jacobs

    Contributor Level 16

    25

    Lawyers agree

    Answered . All DUI's in Florida are adjudicated guilty and therefore are not eligible for sealing or expungement. This charge will never be erased from your record and will appear there forever.

  2. Colleen M. Glenn

    Pro

    Contributor Level 17

    21

    Lawyers agree

    Answered . Unfortunatley, in Florida DUI's are not eligible for sealing or expungment.
    www.colleenglenn.com

  3. Dennis Gonzalez Jr.

    Contributor Level 7

    19

    Lawyers agree

    Answered . 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.

    Please note that this response is based upon the limited information available in the question. In addition, it is... more
  4. Robert David Malove

    Pro

    Contributor Level 11

    18

    Lawyers agree

    Answered . 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.

  5. Edward Tapanes

    Contributor Level 3

    9

    Lawyers agree

    Answered . 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.

  6. Ralph F. Guerra

    Contributor Level 10

    8

    Lawyers agree

    Answered . Florida does not allow for expungement of DUI convictions. You can check the FDLE (Florida Department of Law Enforcement) website for a list of crimes eligible for expungement.

    The response above is intended for informational purposes only. The information provided is not intended to be,... more

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI and DWI defenses

After you are arrested for DUI, getting the charges against you dropped or reduced will require you to develop a defense.

Randy Collins

California DUI Under Age 21

Definition California DUI Under Age 21, as the name suggests, is when a minor drinks and drives under the influence of alcohol. More specifically, Californias Zero Tolerance laws define... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,617 answers this week

3,148 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,617 answers this week

3,148 attorneys answering