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A DUI conviction remains on your driving record for 75 years in Florida, which is permanently for most people. This is notably different from most other states, where convictions typically stay on someone’s record for five to 10 years.
Also, unlike most other states, Florida doesn’t provide an easy path for removing a DUI from your record through expungement or sealing records. For many drivers in Florida, a DUI will be on their record as long as they can drive.
Who can see my record?
The Florida Department of Motor Vehicles (DMV) maintains driving records that track motorist histories and related offenses. Many parties can access your record, including law enforcement agencies to review your records during future encounters or investigations.
Employers, insurance companies and other entities may also have access, provided they have a legal right to do so. For instance, when someone applies for a job, especially one that involves driving or operating machinery, employers often conduct background checks that reveal DUI convictions.
Insurance companies can also see your record to assess risk and determine insurance rates. Landlords or educational institutions might also check your driving history during their screening processes. While your record is not public in that anyone can view it without reason, these entities can access it if they have a valid purpose and, in some cases, your consent.
Can a DUI be expunged or sealed?
In Florida, expunging or sealing a DUI conviction is generally not an option. While people can expunge or seal some offenses, like some juvenile crimes or misdemeanors, a DUI conviction typically remains on your record.
However, if you were arrested but not convicted, you might be eligible to have the arrest record sealed or expunged. This distinction is critical because fighting a DUI charge in court might be your only chance to avoid the potential consequences.
Possible effects of a DUI conviction
DUI convictions have far-reaching consequences that can extend to nearly every aspect of someone’s life. Here are some potential repercussions:
- Legal penalties: Jail time, fines, probation, community service and mandatory alcohol education programs
- License suspension: Loss of driving privileges for months or even years
- Increased insurance rates: A DUI can cause your auto insurance premiums to skyrocket
- Employment challenges: Some employers may view a DUI negatively, affecting current or future job prospects
These factors and others can lead to strained relationships with family and others close to you and financial burdens.
Consulting a skilled DUI attorney is vital for keeping a DUI off your record. An experienced lawyer can explore defenses that could lead to a dismissal or reduced charges. Defenses include questioning the validity of the traffic stop, the accuracy of chemical tests or officer errors. Understanding your rights and options can make a significant difference in minimizing the impact on your life.