After receiving my DUI in a couple of years ago, I was admitted into the pre trial diversion program of the state of FL and successfully completed all aspects of it. My DUI case was officially dismissed and closed. Given that I am 22 and I am just beginning my professional career, I was wondering if expunging my record of the DUI right would be worth it. Given that you can only expunge or seal one thing ever. Would it be worth doing it this early in my career or would it not really make a difference when It comes to employment since you nevertheless really know what may happen in the future?
Criminal Defense Attorney
That's a question that you have to answer. If you are ever convicted of any crime ever then you lose your one free expungement--or if they change the law. I would do the expungement and stay out of trouble but it is a value question that you have to answer. Good luck whatever you decide.
Personal Injury Lawyer
You make a valid point, it is ultimately your decision. It seems in today's competitive marketplace that no record is better than a record (even with dismissal). The only way to really find out is test the waters and see what happens when you begin applying for jobs (or disregard if you already have one secured). It is definitely something to consider, since you were offered diversion this time around, it is unlikely that you will ever get diversion again, so if you do catch another case you will not have that option.
This is a personal decision. Florida law allows only 1 sealing/expungment a lifetime so since it was dismissed it might be worth saving one for the future. Your choice!
You can either expunge it, or answer questions about it for THE REST OF YOUR LIFE
What do you want to do for a living?
A criminal offense such as DUI, Driving While License Suspended/canceled/revoked, or reckless driving may appear in the DHSMV database even though it may not be entered in the criminal history record system maintained by FDLE.
The subject of a criminal history record sealed under Sections s.943.0585 - s.943.059, Florida Statutes and Chapter 11C-7, Florida Administrative Code or under other provisions of law, including former s.893.14, former s.901.33, and former s.943.058, may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:
Is a candidate for employment with a criminal justice agency;
Is a defendant in a criminal prosecution;
Concurrently or subsequently petitions for relief under s.943.0585 or s.943.059;
Is a candidate for admission to The Florida Bar;
Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;
Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or
Is seeking authorization from a Florida seaport identified in s.311.09 F.S. for employment within or access to one or more of such seaports pursuant to s.311.12 F.S. or s.311.125 F.S.
Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is the subject to a criminal history background check under state or federal law.
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You sound like you are on the way to a successful life and career. I would do it.
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.