Tampa DUI Expungement

Expunging a DUI Conviction & How Our Attorneys Can Help

Expungement is a legal term that simply refers to the sealing or destruction of past criminal records. In Florida, it is not possible to receive an expungement if you have been convicted of DUI (or any crime). Florida law dictates that any criminal conviction must remain on your record.

The only two possible outcomes that could lead to an expungement are:

• Dropping of the charges by the District Attorney
• Winning a not-guilty verdict

The hope behind expungement is to remove a conviction so one's past does not interfere with future education, housing, and employment prospects, so individuals can plea for post-conviction relief. 

Sealing Your Record

Sealing your record accomplishes a similar result to expunging it—your arrest and conviction are hidden from public view. The only real difference is that sealing a record means it still exists, but it remains hidden. While expunging is only possible when an arrest results in no action or a dismissal or charges, sealing a record is possible when the court “withholds” adjudication. DUI is the only misdemeanor crime in which withholding adjudication is not an option for the judge presiding over the matter. 

As a result, sealing your record after a DUI trial is not possible.

However, if an attorney is able to lower your charges to “reckless driving,” withholding adjudication is an option for the judge—making record-sealing possible. Skilled criminal defense attorneys can help you determine your best options, as well as fight for the outcome that best protects your interests, whether that’s getting the charges dropped, acquittal, or lowering the charges to reckless driving.

No Exceptions for Underage Offenders

Unfortunately, all DUI convictions must remain public record. For some Florida counties, DUI defendants may be able to participate in a pre-trial diversion program. This may include community service, psychiatric evaluation, educational classes, and more. Upon completion, charges may be dropped or lowered to a lesser crime (which can then be sealed). However, many counties consider DUI offenders ineligible for this program. Your attorney will be able to determine your options moving forward.

We Have Handled Over 7,000 Cases

You have only one choice concerning DUI conviction: hire an experienced attorney to fight for your rights. Your conviction could remain on your record for 75 years by law, with no possibility of expungement or sealing. The only way to protect your future is to fight for an acquittal, dropped charges, or lowered charges. This is maximized through the power of a trial-tested Tampa DUI defense lawyer.

At Thomas & Paulk, your case matters as much to us as it does to you. Contact our Tampa DUI expungement lawyers today!