In the aftermath of your recent DUI, you must navigate the life changes brought about by the charge. As you do, you may wonder if you can clear the DUI from your criminal and driving records in Florida.
Your success with clearing your DUI depends on several factors. Learn more about those circumstances so that you can develop a strategy and timeline for reclaiming your life.
Removing a DUI from your permanent record is “expungement.” One essential fact with expungement in Florida is that you may only qualify if you received a DUI charge rather than a conviction for a drunk driving charge. The same applies if you were charged or arrested, but received a case dismissal. If you received a conviction sentence, then you cannot clear your record.
Eligibility for expungement
To qualify for expungement, you must first complete your probation. Depending on the severity of the incident, a judge may send a person directly to prison rather than include a probationary component. In that case, expungement is most likely out of the question.
Besides completing probation, you must also adhere to the terms of your probation. Also, you must not have any other criminal charges pending when you pursue expungement.
Petitioning for expungement
If you meet the above eligibility requirements, you can petition for expungement. Doing so requires completing a motion of relief and an affidavit to file a petition, paying fees ranging from $100 to $400 and letting the prosecuting legal defendant know about your intention to petition. A judge reviews your petition, and you must go before a judge for a filing hearing. After filing the petition, the processing time for expungement may be as many as six weeks.
Protect your opportunities for employment and housing with DUI expungement. You do not have to suffer for a terrible decision longer than necessary.