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

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Attorney answers 6


Unfortunatley, in Florida DUI's are not eligible for sealing or expungment.


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.


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.


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 not intended to create an attorney/client relationship and is offered only as general information and not as legal advice.


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, nor should it be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with me is not intended to solicit or create, and does not create, an attorney-client relationship between me and any person or entity.


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.