Can a Felony DUI Conviction in Florida Be Sealed?

Understanding the Limits of Record Sealing After a Felony DUI and Why Legal Representation Matters

When people come to me asking if a felony DUI conviction can be sealed in Florida, they are often searching for a way to move forward in life. A conviction can affect everything from employment and housing to child custody and immigration. But Florida law is very specific, and when it comes to felony DUI convictions, the truth is hard to hear: most cannot be sealed or expunged.

If you have a felony DUI on your record, you’re not alone in wanting relief. That said, the Florida statutes are very clear about which crimes are eligible and which are not. My job as your defense lawyer is to fight to keep that conviction from happening in the first place. That’s why having a private attorney involved early can be the difference between a permanent criminal record and a second chance.

Florida Law on Sealing Criminal Records

In Florida, sealing and expungement are legal processes that allow certain qualifying individuals to hide their criminal records from the public. But not all charges qualify.

The laws governing sealing and expungement are found in Florida Statutes § 943.0585 (expungement) and § 943.059 (sealing). Here’s the statutory language:

Florida Statute § 943.059(1): “The court may order the sealing of a criminal history record…except when the defendant has been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity.”

Right away, that tells us that if you were adjudicated guilty (in other words, convicted) of a felony DUI, you are not eligible for sealing.

Furthermore, Florida law lists certain offenses that are ineligible for sealing or expungement, even if the court withheld adjudication. One of those is DUI. Specifically, the law states:

Florida Statute § 316.193(4)(c): “A conviction for violation of this section is inadmissible for sealing or expungement purposes.”

This means that any DUI conviction, whether felony or misdemeanor, cannot be sealed or expunged. Even if it’s your first offense. Even if you received probation. If the court finds you guilty, that record stays public.

Why a Private DUI Attorney Is Essential

If you’re being charged with DUI and you’re hoping to keep your record clean, you need to avoid a conviction entirely. That’s where I come in. A public defender may have dozens of files on their desk, and limited time to dedicate to each case. As a private attorney, I can take a deep look into the facts, challenge the evidence, and build a defense designed to keep your record clear.

The only way to qualify for sealing in Florida is if your DUI charge is dismissed, or if you receive a withhold of adjudication on an eligible offense that is not statutorily prohibited. Unfortunately, DUI is on the prohibited list, so even a withhold won’t help.

Real Case Example: Avoiding a Felony DUI Conviction Through Negotiation

I represented a man in Fort Myers who was facing his third DUI in 10 years, which would have qualified as a felony under Florida Statute § 316.193(2)(b)1. That’s because:

“Any person convicted of a third violation…committed within 10 years after a prior conviction for a violation…commits a felony of the third degree.”

He had refused the breath test and had a prior DUI in 2015 and another in 2019. The state initially filed a third-degree felony DUI. The prosecutor wanted 18 months in prison and a felony conviction.

My client was a business owner with employees, a family, and a professional license. A felony record would have destroyed his life.

I investigated the traffic stop, reviewed dash cam footage, and subpoenaed GPS logs. I was able to show the officer had no legal basis to initiate the stop, which gave us leverage. After presenting this in pre-trial hearings, the state agreed to reduce the charge to reckless driving, which is not on the statutory list of offenses that bar sealing.

He received a withhold of adjudication and one year of probation. Because reckless driving is eligible for sealing, he was able to petition the court to seal his record once the probation ended.

That case shows how crucial early intervention is. If he had gone with a court-appointed lawyer or waited too long, that deal might not have been possible. A private attorney can press for outcomes that preserve your future.

Defenses That Can Help Avoid a DUI Conviction

If you want to protect your record, the goal is to prevent a conviction. That means aggressively fighting your DUI charges from the start. Here are some defense strategies that have worked for my clients:

Illegal Stop or Detention

Under the Fourth Amendment and Florida Constitution Article I, Section 12, police must have reasonable suspicion to stop your vehicle. If the officer pulled you over without a valid reason, I can move to suppress all evidence gathered after the stop.

Improper Field Sobriety Testing

Field sobriety tests are often flawed. If the officer administered them incorrectly or didn’t take into account medical conditions, weather, or uneven surfaces, I can challenge the results.

Faulty Breath or Blood Testing

Breathalyzers must be properly maintained and calibrated under Florida Administrative Code Rule 11D-8. If there are any errors in maintenance logs or operator certification, I can move to exclude those results from evidence.

Insufficient Evidence of Impairment

The state must prove impairment beyond a reasonable doubt. If there’s no video, no test, or conflicting testimony, I can argue that the evidence doesn’t rise to the level required for a conviction.

Plea Reduction to Reckless Driving

Florida Statute § 316.192 defines reckless driving. Prosecutors sometimes agree to reduce DUI charges to reckless driving, especially if the case is weak. Reckless driving is not a DUI, and it can be sealed under Florida law if adjudication is withheld.

These defenses take work. They require cross-examining witnesses, filing motions, and having time to focus on every detail. That’s what I do when you hire me privately.

Why Felony DUI Records Are So Damaging

A felony DUI record in Florida means more than jail time. It follows you for life. Employers, landlords, licensing boards, and even dating partners can find it. You’ll lose civil rights like voting and owning a firearm, and you may have to report the felony for the rest of your career.

That’s why so many people come to me after they’ve been convicted, asking what can be done. I always tell them the same thing: if we had talked earlier, I could have helped you avoid the conviction.

Florida Statutes That Block DUI Record Relief

These statutes make clear that DUI convictions are not eligible for sealing:

• Florida Statute § 943.059(1) — Prohibits sealing records for offenses that resulted in adjudication of guilt.
• Florida Statute § 316.193(4)(c) — Prohibits DUI convictions from being sealed or expunged, even with a withhold.
• Florida Statute § 775.08435 — Imposes mandatory withholds for certain offenses, but not DUI.

If your charge is reduced to a lesser offense like reckless driving, and the judge withholds adjudication, then you can petition to seal after you meet all the requirements. But again, this is only possible if you avoid a DUI conviction altogether.

Your Next Move

If you’re facing felony DUI charges in Florida, your best chance at protecting your future is fighting the charge before a conviction happens. Once you’ve been convicted of felony DUI, there’s no second shot at clearing your record.

I’ve helped clients all across Florida beat or reduce DUI charges. Whether the case is in Miami, Orlando, Tampa, Jacksonville, or a smaller county, I bring the same energy and skill to each case. You don’t have to face this alone.

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 DUI Sealing Frequently Asked Questions (FAQs)

Can I seal my record after a felony DUI conviction in Florida?

No. Florida law prohibits the sealing or expungement of any DUI conviction, whether felony or misdemeanor. Once you are adjudicated guilty, that record becomes permanent. The only way to preserve your eligibility is to avoid a DUI conviction entirely, which requires a strong defense from the start.

What if I got a withhold of adjudication for my DUI?

Even if the judge withheld adjudication, DUI is still on the statutory list of ineligible offenses under Florida Statute § 316.193. That means it still cannot be sealed. The only way to later seal your record is to have the charge reduced to a non-DUI offense like reckless driving and then receive a withhold.

Is there any way to clear a felony DUI from my record after conviction?

Unfortunately, no. Florida has no process for post-conviction sealing or expungement of DUI charges. Once convicted, even by plea, the record will remain available to the public indefinitely. That’s why fighting the case before conviction is so critical.

Can a DUI that was reduced to reckless driving be sealed?

Yes, if the charge is reduced and the court withholds adjudication, reckless driving is not on the list of prohibited offenses and can be sealed after you’ve completed all sentencing requirements and meet eligibility criteria.

How long must I wait to seal a reckless driving charge?

Once you complete probation or other sentencing terms, and if you haven’t had a prior sealing or expungement, you may qualify to seal a reckless driving charge immediately. We’ll check your eligibility and file the petition with the court on your behalf.

What if my DUI charges were dismissed?

If the charges were dropped or dismissed and you were never adjudicated guilty, then you may qualify for expungement under Florida Statute § 943.0585. You’ll need a Certificate of Eligibility from the Florida Department of Law Enforcement before we can petition the court.

Will a felony DUI affect my job prospects in Florida?

Yes. Most background checks will reveal felony convictions, especially for DUI. This can affect licensing, state employment, private sector jobs, and even housing applications. Preventing the conviction is key to protecting your future.

Can a private lawyer really make a difference in a DUI case?

Yes. Public defenders are hardworking, but often overwhelmed. A private attorney can dedicate the time, resources, and strategy needed to challenge evidence, cross-examine witnesses, and pursue reductions or dismissals that protect your record.

Can I appeal a felony DUI conviction if I already pled guilty?

Appeals after a guilty plea are limited unless there was a constitutional error, lack of jurisdiction, or ineffective assistance of counsel. That’s another reason why the defense work must be done up front, before any plea is entered.

How do I know if my case qualifies for sealing or expungement?

We’ll review your criminal history, the court outcome, and the statutory language to determine eligibility. If you were not adjudicated guilty and the charge is not on the prohibited list, you may be able to seal or expunge the case.

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.