Can a Felony DUI Be Expunged in Florida?

Understanding Florida's Strict DUI Expungement Laws and How a Private Defense Attorney Can Protect Your Future

As a Florida criminal defense attorney, one of the most common questions I hear from clients facing felony DUI charges is whether they can eventually clear their record through expungement. A felony DUI conviction can affect every aspect of your life, from employment opportunities to housing and even professional licensing. Unfortunately, Florida law is extremely restrictive when it comes to sealing or expunging DUI convictions, especially felony-level offenses.

If you are facing felony DUI charges, the most important step you can take is to fight for a dismissal, a reduction, or a verdict of not guilty from the start. Once a felony DUI conviction is on your record in Florida, the law leaves almost no room to erase it. Let me explain the statutes that control this issue, how they apply to felony DUI cases, and why having an experienced private attorney is essential to protecting your future.

Florida’s Expungement and Sealing Laws

In Florida, the rules for clearing your record are found in Florida Statutes §§ 943.0585 (expungement) and 943.059 (sealing of criminal history records). These laws control who may petition the court to have their record sealed or expunged.

Key Statutory Language

Florida Statute § 943.0585(4)(a) states:

“A criminal history record that relates to a violation of s. 316.193 [DUI statute] is ineligible for expunction.”

Likewise, Florida Statute § 943.059(4)(a) says:

“A criminal history record that relates to a violation of s. 316.193 is not eligible for sealing under this section.”

The plain language of these statutes makes it clear: any conviction for DUI under Florida Statute § 316.193, whether misdemeanor or felony, cannot be sealed or expunged.

Florida law also specifies that only cases that end without a conviction, such as a dismissal, dropped charges, or a not guilty verdict, can ever qualify for expungement. If you are adjudicated guilty of felony DUI, the record remains permanent.

This is why early and aggressive legal defense is critical. The goal is to avoid a conviction altogether, because once it is on your record, there is no mechanism to erase it under Florida law.

Florida’s Felony DUI Statute

Felony DUI charges arise under Florida Statute § 316.193(2), which elevates DUI to a felony under certain circumstances, including:

• A third DUI within 10 years of a prior conviction (third-degree felony).

• A fourth or subsequent DUI offense, regardless of timing (third-degree felony).

• DUI causing serious bodily injury (third-degree felony).

• DUI manslaughter (second-degree felony, or first-degree if leaving the scene).

Statutory Text of § 316.193(3)(c)(2):

“Any person who causes or contributes to causing serious bodily injury to another, as a result of operating a vehicle while in violation of subsection (1), commits a felony of the third degree…”

These felony DUI convictions carry severe penalties, including long license suspensions, mandatory prison terms in some cases, and lifelong criminal records that cannot be sealed or expunged.

Why You Need a Private Defense Attorney for Felony DUI Charges

Public defenders work hard, but they are often overwhelmed with high caseloads and limited resources. Felony DUI cases are complex and involve scientific evidence, expert witnesses, and intricate procedural rules. The difference between a conviction and an acquittal can hinge on whether your attorney has the time and resources to challenge every piece of evidence.

As a private defense attorney, I can:

• File early motions to suppress evidence obtained unlawfully, such as an illegal traffic stop or improper breathalyzer testing.

• Retain toxicology and accident reconstruction experts to challenge the prosecution’s claims.

• Negotiate aggressively with prosecutors for reduced charges or pretrial diversion programs.

• Build a trial strategy aimed at avoiding a conviction altogether, which is the only path to eventually keeping your record clean.

Real Case Example: Felony DUI Charges Dismissed

A client came to me facing a third DUI charge within ten years, making it a felony under § 316.193(2)(b). The prosecution alleged that he failed field sobriety tests and refused a breathalyzer, relying heavily on officer testimony. If convicted, he faced a minimum 30-day jail sentence, years of probation, permanent license revocation, and a record that could never be expunged.

I immediately filed motions to suppress based on a lack of probable cause for the traffic stop. My investigation uncovered dashcam footage that contradicted the officer’s claim of erratic driving. Additionally, witnesses confirmed that my client had only consumed one drink earlier in the evening and showed no signs of impairment. The court ruled the stop unlawful, and the state was forced to dismiss all charges.

Because of this outcome, my client avoided a felony conviction entirely. His record remained eligible for expungement under § 943.0585, protecting his career and reputation.

This case demonstrates why hiring private counsel early is vital. Without a strong defense, a felony DUI conviction would have stayed on his record forever.

Possible Defenses in Felony DUI Cases

Defending a felony DUI charge often requires a multi-pronged approach:

Illegal Traffic Stop

If law enforcement lacked probable cause to pull you over, any evidence obtained after the stop—including breath tests and officer observations—may be suppressed.

Faulty Breath or Blood Testing

Breathalyzers must be maintained and calibrated correctly under Florida Administrative Code. Blood draws must follow strict chain-of-custody rules. Any deviation can make results inadmissible.

Violation of Miranda Rights

If you were questioned in custody without being advised of your rights, your statements can be excluded from trial.

Lack of Actual Physical Control

Sometimes, individuals are arrested while sleeping in a parked car. If the prosecution cannot prove you had “actual physical control” of the vehicle, a conviction may not hold.

Inaccurate Accident Reconstruction

In DUI with injury or manslaughter cases, we bring in independent experts to challenge the state’s claim that impairment caused the crash.

Each of these defenses can mean the difference between a felony conviction that cannot be expunged and a dismissal or acquittal that protects your future.

The Harsh Reality of Felony DUI Expungement in Florida

The takeaway is simple: under Florida Statutes §§ 943.0585 and 943.059, a DUI conviction cannot be sealed or expunged. There are no exceptions for felony DUI convictions. The only path to expungement is to avoid a conviction in the first place.

Hiring a private attorney gives you the best chance to achieve that outcome. My job is to fight for dismissals, reduced charges, or not guilty verdicts so that your record remains eligible for expungement down the line.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Florida Felony DUI Frequently Asked Questions

Can I expunge a felony DUI if I completed probation successfully?
No. In Florida, completion of probation does not change the fact that you were adjudicated guilty of a DUI offense. Under §§ 943.0585 and 943.059, any DUI conviction is ineligible for expungement or sealing, regardless of probation completion.

What if my felony DUI charges were dropped or dismissed?
If the case was dismissed or you were found not guilty, you may qualify for expungement because there was no conviction. Florida law allows individuals to expunge records of arrests that did not lead to a guilty adjudication. A private attorney can help you petition the court under § 943.0585.

Can I plead guilty to avoid prison and still expunge the record later?
No. Any guilty plea resulting in adjudication of guilt bars expungement permanently. If avoiding a conviction is important to you, your attorney must fight for dismissal, diversion, or a plea to a different, non-DUI offense.

Does a withhold of adjudication make me eligible for sealing?
Not for DUI offenses. Florida law specifically states that records “relating to a violation of § 316.193” cannot be sealed, even if adjudication was withheld. This is different from other charges where withholding adjudication can preserve eligibility.

Can old felony DUIs ever be removed from my record?
No. Florida does not have a time-based forgiveness system for DUI convictions. Whether it is 5 years or 25 years later, a DUI conviction remains part of your permanent record.

How does a felony DUI conviction affect my driver’s license?
Felony DUI often leads to permanent revocation of driving privileges, especially after a fourth DUI or DUI manslaughter. This is separate from the expungement process, and reinstatement requires meeting strict conditions.

Do federal laws offer expungement options for DUI convictions?
No. Federal law does not provide a mechanism to expunge state-level DUI convictions. Expungement is governed entirely by Florida law for offenses prosecuted in Florida courts.

Why do I need a private attorney if expungement isn’t possible?
Because the only way to keep your record clean is to avoid a conviction. A private attorney has the time and resources to challenge the prosecution’s case, pursue dismissal or acquittal, and protect your eligibility for future expungement. Public defenders often lack the bandwidth to mount a detailed defense in complex felony DUI cases.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.