DUI Expungement - Can I Clear a DUI Charge From My Record?

The bad news first. It is usually not possible to seal your DUI criminal record in Florida, since DUI charges in Florida currently are not eligible to receive a "withholding of adjudication." Receiving a withhold adjudication means that the court is not formally adjudicating you of the crime charged. Another way of putting it is to say that the court is not formally convicting you. This distinction is important in Florida, since charges that you receive a withhold adjudication on are eligible to be sealed, while charges that you are formally convicted of cannot be sealed. You also cannot expunge any convictions in Florida (and this rule is equally applicable to DUI convictions).

You may, however, have been successful in getting the DUI charge reduced to a lesser charge, such as reckless driving, for example. If you received a withhold adjudication for a lesser charge, then you may be able to seal your record, assuming you meet all other eligibility requirements. Remember, in determining your eligibility to seal a record under Florida law, you must look at the ultimate charge that adjudication was withheld on, not the original arrest charge.

In addition, if your DUI charges were not prosecuted or dismissed by the State, or thrown out by the court, then you potentially could have that arrest expunged, assuming you meet all other eligibility requirements. In Florida, acquittals are not eligible to be expunged or sealed. The idea is that the public need to access important public records such as jury trials outweighs any one individual's interest in having his or her records sealed. Personally, I'm not too sure of that logic, but unfortunately it is what it is, as they say. Please also keep in mind the sealing or expunging a criminal record does not affect your driving record.

Record sealing and expungement law can be confusing, but most Florida attorneys that specialize in this area of the law and will offer free evaluations to help you determine your eligibility.

Article Source: http://www.articledestination.com

Karen Kilpatrick, Esq will help you get the second chance you deserve. Don’t let the past ruin your future. Take the expunge criminal record eligibility test, or just learn more facts about expungement in Florida by visiting ExpungeRecordFlorida.com today!

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