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How to Get a DUI Expunged


One moment, you’re on the road and a police officer pulls up behind you and turns their blue lights on. You’re tested, arrested, and booked. Now, you’re facing criminal charges. 

You may think that driving under the influence, or a DUI, can be removed from your record. Maybe you can just have your case expunged, but you don’t know how to get a DUI expunged. Worse, what if you can’t get it expunged? 

If you’ve been arrested and preparing for court, your Florida DUI lawyer can help. Continue reading to learn more about DUI expungements in Florida. 

Expungement Laws in Florida

When you’re pulled over for a DUI in Florida, you may be thinking about getting your case expunged. That should remove it from your record and leave you with a clean slate, right? The problem is that if you enter a plea to a DUI charge then your record can’t be expunged. That’s because Florida Law requires every DUI sentence to include an Adjudication of Guilt (also known as a conviction), and the Expungement Statute states that any charge that received an Adjudication of Guilt is no longer eligible to be expunged.

This makes fighting your charge and trying to get it dismissed or reduced all the more important.  Unfortunately, though, many people don’t attempt to defend their Florida DUI case as they should. They instead assume they’ll have a chance to get their case expunged, only to find out that’s not true. 

Worse, a Florida DUI can have lasting effects on your license and your criminal record. For example, you’ll lose your license for months if you’re found guilty of driving under the influence. If you’re eligible for a hardship license, you may have to install an ignition interlock device. This device won’t let you start your car until you’ve passed a sobriety test, which is embarrassing and inconvenient.

Even after you’ve gotten your license back and paid your dues, that conviction is still on your permanent record. Worse, future employers or landlords will see that criminal record on a background check. That could hurt you for years to come.

Avoiding a Tampa DUI Conviction

After being stopped and charged with a DUI in Florida, assuming you’ll have a chance to get those charges expunged isn’t the best idea for your claim. But that doesn’t mean you’re out of options and have to accept the penalties for driving under the influence. You can still get your charges reduced or dismissed in court. And if you are successful in doing so, you may open the door to having your record expunged.

Your DUI lawyer in Tampa can help you build a defense against those charges. For example, you may have been illegally stopped, or your lawyer believes the test was inaccurate. Your DUI lawyer can then represent you in court. They can guide you through your criminal trial, and give you a better chance of dealing with your DUI charges in a positive way. 

Build the Right Defense with a Tampa DUI Lawyer

When you’re accused of a DUI, you may need to focus on defending your case, not on expungement. You may not be eligible for expungement, but Hersem Law can help. If you have questions about getting DUIs expunged and you’re ready for your free strategy session, call 813-251-7291 or complete the online contact form below.