🧾 Arrested for DUI? Sealing Your Record Might Not Be So Simple
If you’ve been arrested for DUI in Florida, you might assume you can seal or expunge the charge later — but DUI cases are uniquely restricted when it comes to clearing your record.
Even if you weren’t convicted, a DUI arrest may leave a lasting mark unless specific conditions are met. And if you pled to a reduced charge like reckless driving, the rules get even more complicated.
As a Fort Lauderdale criminal defense lawyer, I help clients protect their futures by understanding what can and can’t be sealed after a DUI arrest — and how to use Florida law strategically to avoid permanent damage.
🚓 What Happens to Your Record After a DUI Arrest in Florida?
A DUI arrest generates a criminal record immediately, even before you go to court. That record is:
Publicly searchable 🔎
Available to employers, landlords, and licensing boards 📋
Permanent unless you qualify for sealing or expungement 🛑
Even a dismissed or dropped DUI will remain visible unless you actively petition the court to seal or expunge it.
🧼 Can You Seal or Expunge a DUI in Florida?
Florida law is strict when it comes to sealing or expunging DUI records.
❌ You CANNOT seal or expunge a DUI if:
You were convicted (adjudicated guilty)
You pled guilty or no contest to DUI, and the court did not withhold adjudication
✅ You MAY be eligible if:
Your DUI charges were dismissed or dropped
You were acquitted at trial
You pled to a lesser charge like reckless driving with a withhold of adjudication (but only sealing — not expungement — may apply)
✅ This is why early legal intervention is so important — a DUI lawyer can negotiate outcomes that preserve your ability to seal your record later.
⚖️ Why Record Sealing Matters After a DUI
Even if you avoid jail, an arrest record can still impact your:
Job applications 💼
Professional licenses (healthcare, law, teaching) 🩺
Rental housing approvals 🏠
Immigration status ✈️
Reputation and online background checks 🌐
Sealing your record hides it from most public view. Expungement completely destroys the record — but only if your case qualifies.
🔁 How a Reckless Driving Plea Can Help
In some DUI cases, your attorney may be able to negotiate a “wet reckless”plea — meaning:
You plead to reckless driving instead of DUI
The court withholds adjudication
You become eligible to seal the record once all conditions are met
👉 This is not automatic — and it requires strategic negotiation based on your driving record, BAC level, and case facts.
🛠️ How a Defense Lawyer Protects Your Sealing Options
Your attorney should be thinking about sealing eligibility from the very beginning of your DUI case. That includes:
Pushing for dismissal or diversion whenever possible
Avoiding adjudication of guilt in plea deals
Negotiating charge reductions (like reckless driving)
Advising you clearly on how each outcome affects sealing or expungement
✅ If your attorney isn’t talking about your long-term record — they’re missing the big picture.
📞 Arrested for DUI? Let’s Protect Your Record.
At Michael White, P.A., I don’t just fight DUI charges — I fight for your future. That means protecting your right to seal or expunge your record wherever possible.
If you’ve been arrested for DUI in Fort Lauderdale, call now to schedule a free consultation.
We’ll talk strategy, not just defense — and make sure your record doesn’t define your future.
🙋♂️ Frequently Asked Questions About DUI and Record Sealing
❓ Can I expunge a DUI in Florida?
Only if the DUI charge was dropped, dismissed, or you were acquitted — and no other convictions exist on your record. If you pled guilty or were found guilty, you are not eligible.
❓ Can I expunge a DUI in Florida?
Sealing hides the record from most public view. Expunging physically destroys the record. Expungement is only available in narrower circumstances.
❓ Can I expunge a DUI in Florida?
Maybe. If the court withheld adjudication, and you meet other eligibility requirements, you can seal a reckless driving charge, but not expunge it.
❓ Can I expunge a DUI in Florida?
If you qualify, you must first complete all probation or sentencing terms. Once done, you can apply immediately — there’s no mandatory waiting period, but the process takes time.
❓ Can I expunge a DUI in Florida?
Yes. The process is technical, and one mistake can result in a denial. A lawyer ensures you meet all eligibility criteria and file correctly with FDLE and the court.
🧾 DUI arrests don’t have to follow you forever — but you need the right strategy.
Call Michael White, P.A. to protect your record and your future.