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Expunging or Sealing a DUI

Many believe that once you leave the courtroom with a verdict that’s the end. In actuality this isn’t always the case. If you have been charged with driving under the influence (DUI) the evidence of those charges is still accessible. Parties can look at your mugshots or look up your public criminal record.

The lasting evidence of DUI may have a serious impact on your life. You may have issues gaining employment, housing or pursuing educational opportunities. Fortunately, you have other options. Florida law states that eligible offenders can have their records sealed or expunged. If your record is sealed or expunged your DUI records will be out of public view.

DUI Lawyer for Expunging or Record-Sealing in Brevard County, Florida

Expunging or sealing your criminal record can significantly help your personal and professional life. However, the expunction or sealing process is incredibly complicated. You will be expected to gather and complete a multitude of paperwork and meet strict deadlines. If any errors occur your expunction or sealing will be denied.

Contact a skilled criminal defense attorney who understands expunction and sealing at Law Offices of Bryan J. McCarthy. Our attorney has been able to file numerous expunctions and sealing requests in the state of Florida. We understand that a DUI on your criminal record can be a hindrance on your goals. Let the attorney at Law Offices of Bryan J. McCarthy help you get there. Call us now at (321) 248-7742 to schedule a free consultation. Law Offices of Bryan J. McCarthy represents clients throughout the greater Melbourne area and surrounding cities including Cape Canaveral, Titusville, and Palm Bay.

Overview of Expunging or Sealing a DUI in Florida

How to Get a DUI Off My Record in Florida

Expunging and sealing a criminal record both follow similar process. Both procedures remove DUI records from public view and allow offenders to deny the existence of the arrest. However, expunction is considered a true removal since the records are physically destroyed.

The following are the benefits of sealing or expunging your DUI.

  • Sealing – Once your record is sealed, the public will not have access to any DUI evidence any longer. The records will be confidential and won’t be easily found on a government website. However, certain employment industries and government entities will still have access to your record. The Florida Department of Law Enforcement (FDLE) will keep a record of the arrest as well as the arresting agency. Your information will not show up in a background check.
  • Expungement – If you qualify, you may be able to have your criminal record destroyed. Expunction has strict requirements but ends with a great pay off. No one will be able to access your criminal record. Your record will be physically demolished and only the FDLE will keep a limited confidential record of your criminal history.

Requirements for Sealing or Expunging a DUI in Florida

Sealing your DUI record can be incredibly beneficial. If you want to seal your DUI record you must meet the requirements outlined in Florida law. Only those with a withhold adjudication of guilt can seal their record. Additionally, if you’d like to seal your record you must not have been convicted for any other criminal offense.

If your case was resolved without a plea you could have your DUI expunged. The only way your case could be resolved without a plea is if the charges were dismissed, no formal charges were filed, or the charges were dropped. In addition, if 10 years have elapsed since your criminal record was sealed, then your DUI may qualify for expunction.

If you wish to seal or expunge their DUI must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. The certificate serves as proof that your criminal history record is qualified to be expunged.

Requirements to obtain a Certificate of Edibility are listed below:

  • Identifying information such as name, date of birth, social security number and address;
  • Arrest date or date that you received a notice to appear if you weren’t physically arrested;
  • Application must be signed by a notary or at the Deputy Clerk of Court;
  • Certified disposition of criminal charges (this can be collected the Clerk of Court);
  • Letter of completion for any pre-trial or diversion programs;
  • Certified termination of probation document if you were put on probation;
  • Fingerprint form/card that includes your name, sex, race, date of birth, social security number and signature;
  • Processing fee of $75 to FDLE; and
  • You attorney’s letterhead if you have legal representation.

If My Record is Expunged or Sealed, Do I Have to Disclose it?

During a job interview you may hear the words; “Have you ever been convicted of a crime?” If you sealed or expunged your records you can say no. Florida law allows you to legally deny or fail to acknowledge an arrest if your record was sealed or expunged. However, there are certain exceptions to this rule. You cannot deny or fail to acknowledge an arrest if:

  • You’re applying to change your immigration status;
  • You’re facing pending criminal charges;
  • You’re applying to:
    • The Department of Juvenile Justice;
    • The Agency for Health Care Administration;
    • The Department of Children and Family Services;
    • The Department of Education; or
    • Any other local government entity that is a licensed child care facility.
  • You’re applying to work for or be a contractor for any job with direct contact with children, the elderly or the developmentally disabled;
  • You’re applying to work at or have access to a seaport;
  • You’re applying for the Florida Bar; or
  • You’re petitioning to seal or expunge your criminal record.

Additional Resources

Sealing and Expunge Process – Visit the official website for the Florida Department of Law Enforcement (FLDE) to find more information surrounding sealing and expunction in Florida. Learn about the different types of sealing and expungement processes and access to the application for expunging or sealing.

Frequently Asked Questions – Visit the official website for the Florida Department of Law Enforcement (FDLE) to answers to frequently asked questions surrounding sealing or expunction. Find out how you can get your record sealed or expunged, how many arrest dates you can get expunged or sealed and charges cannot be expunged.

Attorney for Sealing or Expunging a DUI in Brevard County, Florida

If you or someone you know has been charged with a DUI and wishes to get the charges expunged or sealed, it’s important that you seek strong legal representation. The DUI on your public record could hinder you from the job and education opportunities you wish to pursue.

The attorney at Law Offices of Bryan J. McCarthy is skilled at sealing or expunging DUI charges in Florida courts. We will collect the evidence you need to file your expunction or sealing. Call today and see if you qualify for sealing or expunging your criminal charges at (321) 248-7742.

Law Offices of Bryan J. McCarthy seals or expunges records for clients throughout the greater Brevard County area and surrounding areas including Indian River County and Volusia County.