Understanding Your Record, Your Rights, and Why a Private Defense Attorney Can Make the Difference

If you have a felony DUI conviction in Florida, you are probably already feeling the long-term effects. The consequences don't end with the sentence. Even after you've served your time or completed probation, that conviction stays with you. It affects job applications, housing, professional licenses, and sometimes even child custody. A question I'm often asked is: "Can I have this taken off my record?" The answer depends heavily on the charge, the outcome, and the exact circumstances surrounding your case. And if you're still waiting for your case to be resolved, there may be steps we can take now to protect your future.

Let me walk you through what Florida law allows, what it doesn't, and how we've helped people who thought they had no options left.

What Florida Law Says About Sealing and Expunging Criminal Records

In Florida, sealing and expunging a criminal record is governed by Florida Statutes Chapter 943, specifically §§ 943.0585 and 943.059. These laws determine when a record can be erased from public view (expunged) or hidden from most background checks (sealed). But not all convictions are eligible.

Florida Statute § 943.0585 – Expunction of Criminal History Records

Statute Text (excerpt):

"…any person who has been charged with a criminal offense and the charge was dismissed or resulted in acquittal… may petition the court for the expunction of a criminal history record."

Expungement is only allowed when the case ends without a conviction. If you pleaded guilty or were found guilty, this route is typically closed.

Florida Statute § 943.059 – Court-Ordered Sealing of Criminal History Records

Statute Text (excerpt):

"…any person whose adjudication of guilt was withheld, and who has not been adjudicated guilty of any other criminal offense… may petition the court to have the criminal history record sealed."

Sealing is only available if adjudication of guilt was withheld, and even then, only for eligible offenses. That brings us to the harsh truth: DUI convictions, whether misdemeanor or felony, are not eligible for sealing or expungement in Florida—even if adjudication was withheld.

DUI Convictions Are Excluded from Sealing and Expungement

Florida law explicitly excludes DUI convictions from sealing or expungement. This includes:

  • First-time misdemeanor DUI convictions
  • Felony DUI convictions (including DUI with serious bodily injury or DUI manslaughter)
  • Any DUI where adjudication was not withheld

This exclusion is found in Florida Rule of Criminal Procedure 3.692(c) and the eligibility criteria issued by the Florida Department of Law Enforcement (FDLE). The statute references offenses under § 316.193, which is Florida's primary DUI law.

Florida Statute § 316.193 – Driving Under the Influence

Statute Text (excerpt):

"A person is guilty of the offense of driving under the influence… if the person is driving or in actual physical control of a vehicle… and the person is under the influence of alcoholic beverages, chemical substances, or controlled substances…"

Once you're convicted under this statute, whether it's a felony or misdemeanor, that record cannot be erased or hidden from background checks.

This is why having a private attorney from the start matters so much. If your case is handled the right way early on, we may be able to avoid a conviction altogether, which could preserve your eligibility to seal or expunge in the future.

Real-Life Example: Keeping a Felony DUI Off Our Client's Record

One of my clients—a small business owner in Fort Myers—was arrested after a crash that resulted in serious injuries to another driver. He was charged with felony DUI with serious bodily injury under § 316.193(3), a third-degree felony punishable by up to five years in prison.

The prosecution had toxicology results and witnesses. Things didn't look good. But we acted fast. Our office hired an independent accident reconstructionist who determined the other driver had actually crossed the center line. We also found procedural errors in how the blood sample was obtained, raising constitutional concerns under the Fourth Amendment.

Before trial, we filed a motion to suppress the blood test. The judge ruled in our favor. That severely weakened the State's case. Eventually, we were able to negotiate a plea to reckless driving with adjudication withheld—a charge that's not a DUI under Florida law.

This outcome meant our client was not convicted of DUI, avoided prison, and became eligible to seal his record in the future. That's only possible with a private defense attorney who can act quickly and dedicate time and resources to your defense.

What If I've Already Been Convicted?

If your felony DUI case has already ended in a conviction, whether by plea or verdict, sealing or expunging your record in Florida is not an option. That doesn't mean there are no options at all.

We sometimes help clients explore the following:

  • Post-conviction relief, including motions to vacate a plea if it was entered without proper legal advice
  • Pardon applications through the Florida Clemency Board
  • Reclassification of the conviction, if legal grounds exist, such as prosecutorial misconduct or newly discovered evidence

These are long shots, but we've seen success in specific cases where the original plea was based on misinformation, ineffective counsel, or flawed evidence. Every case deserves a second look.

The Long-Term Impact of a Felony DUI Conviction in Florida

A felony DUI on your record will follow you long after the court case ends. It can affect:

  • Employment and occupational licensing
  • Immigration status, green card renewal, or naturalization
  • Security clearances and government work
  • Custody disputes and family law cases
  • Gun rights (felony convictions mean a loss of firearm rights)
  • Housing and credit applications

You won't be eligible for most record-clearing remedies in Florida, and you'll be listed in public databases unless and until the conviction is overturned or pardoned. That's why your defense starts before the first hearing. A public defender may not be able to dedicate time to gather this level of evidence or push for a non-DUI resolution. A private defense attorney has the flexibility and resources to protect your record before it's too late.

What You Can Do Right Now

If your case is still open and you're being prosecuted for DUI, you still have a chance to preserve your future. The earlier you act, the more options we can pursue. Whether it's challenging the traffic stop, breath test, blood draw, or even the probable cause behind your arrest, every part of a DUI case must be scrutinized.

If you already have a conviction, we can review your case for post-conviction options and evaluate whether anything was mishandled or misunderstood during your plea. Even if your conviction stands, we can still work to limit the fallout and protect what matters most.

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 Defense Frequently Asked Questions (FAQs)

Can a felony DUI be expunged in Florida?

No, a felony DUI conviction cannot be expunged in Florida. Florida law prohibits the expungement of any DUI conviction, whether it's a misdemeanor or a felony. This includes cases where the individual pled guilty, no contest, or was found guilty after trial. The only time expungement is allowed is when the charges were dropped, dismissed, or resulted in an acquittal, and no conviction occurred.

Is a felony DUI ever eligible for sealing in Florida?

No, DUI convictions are excluded from sealing eligibility. Even if adjudication of guilt was withheld, Florida law specifically excludes DUI charges from being sealed. This rule applies to both misdemeanor and felony DUI cases. If the charge was reduced to something other than DUI, such as reckless driving with adjudication withheld, then sealing may be possible, but not if the conviction was under Florida Statute § 316.193.

Can I expunge a felony DUI if I completed probation?

Unfortunately, completion of probation does not change your eligibility. If the DUI charge resulted in a conviction, it stays on your record permanently under Florida law. The fact that you served probation without incident does not make the record eligible for expungement or sealing. This is one of the reasons why negotiating a plea that avoids a DUI conviction is so critical early in the case.

What if I pled to reckless driving instead of DUI?

If your DUI charge was reduced to reckless driving and adjudication of guilt was withheld, you may be eligible to seal your record under § 943.059. Reckless driving is not excluded from sealing in the same way DUI is. We often fight for this kind of resolution because it protects our clients' futures, especially when sealing may be important for job applications or licensing.

Can I get a pardon for a felony DUI in Florida?

It is possible to apply for a pardon through the Florida Executive Clemency Board, but this is rare and difficult to obtain. Pardons are discretionary and typically require a waiting period, a clean post-conviction record, and a compelling personal history. A pardon would restore some rights and may help with public perception, but it still doesn't erase the record in the same way expungement does.

How long does a felony DUI stay on my record in Florida?

A felony DUI conviction remains on your criminal record permanently. Florida does not have automatic record clearing or a statute of limitations on the visibility of convictions. The only ways to remove it are through a successful appeal, post-conviction motion to vacate, or a pardon. That's why it's important to avoid a conviction from the outset, when possible.

Is DUI with serious bodily injury a felony in Florida?

Yes. Under § 316.193(3), DUI causing serious bodily injury is classified as a third-degree felony. It carries a penalty of up to five years in prison, five years of probation, and a $5,000 fine. It also results in a permanent criminal record that cannot be sealed or expunged. Early defense efforts should focus on challenging the injury claims and the DUI evidence to prevent a felony conviction.

What is adjudication withheld, and does it help with a DUI?

Adjudication withheld means the court withholds a formal conviction, even though you pleaded guilty or no contest. This can make some charges eligible for sealing. However, under Florida law, DUI is excluded from this benefit. Even if adjudication is withheld, a DUI conviction cannot be sealed. That's why we often try to negotiate the charge down to something that's not excluded.

Can a private attorney help me avoid a DUI conviction?

Yes. In many cases, private attorneys have the time and resources to challenge the evidence more aggressively, which can lead to reduced charges or dismissals. We review everything from the traffic stop to the test results, and we often bring in independent experts. Our goal is to prevent a conviction that will permanently affect your record. Early action and thorough investigation are key.

What should I do if I've already been convicted?

You should have your case reviewed by a qualified attorney to determine if post-conviction relief or a motion to vacate the plea is possible. If errors occurred during your case, such as ineffective assistance of counsel or lack of informed consent when entering a plea, we may be able to challenge the conviction. While results vary, we've helped people reopen old cases and improve their long-term outcomes.

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 over 30 office locations in Florida and serve all counties in Florida.