Expunging DUI record from your background

Asked about 1 year ago - Jacksonville, FL

In Florida, if a person is arrested twice(once at age 26 and another at 28) for DUI arrests, spent a night in the cell both times, paid a bail amount, got out, does that stay on his record? No one was injured when he was caught driving both times

When applying for employment, most forms ask have you been convicted of first degree demeanor?

1. Should such a person answer No, since DUI arrests are more than a year old(he is now 30), bail was paid both times, he can still drive(his driving license is valid)?

2. If he has to answer yes, can he get the DUI off his record by doing community service, taking a driving class or any other way?

3. If a background check is done, can employers find out about the two DUI arrests or are they like parking tickets(removed after fine is paid)?

Attorney answers (8)

  1. Michael Charles McGinn

    Pro

    Contributor Level 15

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    Answered . If the person pled to or was found guilty after a trial to the offense of DUI in Florida they CANNOT expunge or seal that record. The reason being is that pursuant to the DUI statute you must be adjudicated. If you are adjudicated you cannot expunge or seal the offense.

    If you find my answer to be helpful or the best answer, please make sure to mark your choice. **COMMUNICATION ON... more
  2. Stephen Andrew Mosca

    Contributor Level 17

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    Best Answer
    chosen by asker

    Answered . I'm sure this has been answered already, but DUIs are misdemeanors and if you plead no contest, guilty or were found guilty after a trial, then you were certainly adjudicated guilty. These can be found by a background check, and can never be expunged or sealed. You should answer honestly if convicted.

    The amount of time that has passed and the fact that you paid bond/bail, or that your license is currently valid, has no bearing on the answers above.

    The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca... more
  3. Nick Jay Dorsten

    Contributor Level 19

    16

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    Answered . I am sorry to be the bearer of bad news but your DUIs will be staying on your record. To answer your other questions:

    1. A person would have to answer yes as a DUI is a misdemeanor charge and you were arrested for it twice.
    2. A DUI cannot be taken off your record if you were ajudicated guilty. Furthermore, you had two seperate DUIs so even if expunging one was possible you would be unable to seal/expunge both.
    3. A background check will most likely reveal the DUIs. They are crimes and not treated like a traffic ticket.

  4. Sergio Cruz

    Contributor Level 11

    15

    Lawyers agree

    1

    Answered . 1. There is no time limit on when these will come off his record. This is a criminal charge that can be with him forever.
    2. There is only one was to get a DUI off your record and that is by having his record sealed/expunged. You can only get one incident removed from your record and only if you received a withhold of adjudication for the charge.
    3. See 1 and 2. These are not civil cases, they are criminal which is completely different.

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-... more
  5. Tiffany Vanessa Colbert

    Contributor Level 13

    15

    Lawyers agree

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    Answered . Once you've entered a plea/ found guilty of a DUI, you are stuck with that on both your criminal and your driving record permanently. You can't go back, do community service, or let it simply "drop off" your driving record.

    If you were not advised of the penalties by an attorney, it may be possible to vacate or withdraw your plea, but that would require extenuating circumstances or would have to happen within 30 days from the date of sentencing.

    Since it is an automatic conviction, you cannot seal or expunge the DUIs from your criminal record. Someone performing a background check will see them on your criminal history because they are criminal traffic citations, not just a simple speeding ticket. Failure to tell a potential employer can have negative impacts on your hiring if they ask questions about whether you've been arrested or convicted of an offense.

    For more information or to contact this attorney, visit http://www.thecolbertlawfirm.com or call 407-412-7234.... more
  6. Michael Leonard Mastrogiovanni

    Pro

    Contributor Level 13

    8

    Lawyers agree

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    Answered . If your son or this person was convicted of the DUI's than he must answer yes with regard to the question of he was was ever convicted of a misdemeanor.

    Under Florida law, he is ineligible to have anything sealed or expunged once a person has been convicted of a crime.

    Yes, most background checks should pull this information up.

    Visit MastroLaw.com to ask your legal question or call for a more detailed free consultation for your legal issue.... more
  7. Alan James Brinkmeier

    Contributor Level 20

    9

    Lawyers agree

    1

    Answered . This is a criminal charge forever.

  8. Christopher Irvin Simser

    Contributor Level 19

    8

    Lawyers agree

    1

    Answered . There is no legal vehicle to expunge the charge in Florida.

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