A Florida DUI Defense Lawyer Explains Expungement, Medical Licensing, And How To Protect Your Future

Understanding DUI Arrests And Expungement In Florida

As a Florida DUI Defense Lawyer, I am often asked what happens after a DUI case is dismissed. Many people believe that a dismissal means the arrest disappears from their record automatically, but that is not true under Florida law. Even if your DUI case is dismissed, the arrest record still exists until you take specific legal steps to seal or expunge it.

Under Florida Statute §943.0585, a person may petition to expunge a criminal record if the charges were dropped, dismissed, or if the individual was found not guilty. The law states:

“Any person whose criminal history record reflects an arrest that did not result in a conviction may apply to the Florida Department of Law Enforcement for a certificate of eligibility to expunge such record.”

This means if your DUI case was dismissed or if you were acquitted, you may qualify to have your arrest record expunged. However, the process is complex, and a single mistake can result in your petition being denied. As an attorney, I guide clients through every step to ensure that their rights and future are fully protected.

Why Expungement Matters Even After A DUI Dismissal

A dismissed DUI case still appears in background checks until it is formally expunged. Employers, landlords, and state licensing boards—including the Florida Board of Medicine—can access this information. Under Florida Statute §456.072(1)(c), licensed medical professionals may face discipline for “being convicted or found guilty of, or entering a plea of nolo contendere to, a crime which directly relates to the practice of, or the ability to practice, a profession.”

Even without a conviction, a DUI arrest can trigger a moral character review or delay in the medical licensing process. The Florida Board of Medicine, governed by §458.331, evaluates applicants based on “good moral character,” which includes an applicant’s criminal history and any prior arrests. The statute provides:

“The board may refuse to certify, or may discipline, any applicant or licensee for being found guilty of a crime or for any act which evidences a lack of good moral character.”

Expunging your record can prevent an old DUI arrest from raising red flags during background checks for residency programs, hospital privileges, or medical licensing applications.

How Florida’s Expungement Law Works

Expungement is a legal process that destroys or seals public access to an arrest record. Once an expungement is granted, the record is removed from public view and most background searches. The Florida Department of Law Enforcement (FDLE) and law enforcement agencies retain a confidential record that can only be accessed under specific circumstances.

Under §943.0585(4), once a record is expunged:

“The criminal history record maintained by any criminal justice agency shall be destroyed, except that the department shall retain a copy.”

You may only expunge one criminal record in your lifetime, and eligibility depends on the outcome of your case. If you were convicted, you cannot expunge that record. However, if the DUI was dismissed before trial, dropped by the prosecutor, or you were acquitted, you are likely eligible.

Having a private defense attorney is critical because the process requires multiple steps: securing a certificate of eligibility from FDLE, filing a formal petition with the court, and ensuring all related agencies comply with the expungement order.

Real Case Example: DUI Arrest Dismissed And Expunged

A client of mine, a medical student at the University of South Florida, was arrested for DUI after leaving a residency networking event. Her blood alcohol content was alleged to be .09, but the breathalyzer was later found to be improperly calibrated. Through aggressive pretrial motions and review of the maintenance records, I demonstrated that the testing device was unreliable. The state attorney’s office dismissed the case before trial.

Although the dismissal cleared her name in court, the arrest remained visible on her record. Because she was preparing to apply for a residency position and medical licensure, we immediately filed for expungement under §943.0585. After several months, the court approved the petition, and the record was completely expunged. She later obtained her medical license without any issues or delays from the Board of Medicine.

This outcome shows why legal representation matters. A dismissal alone does not erase the arrest from your record, but an experienced attorney can ensure it is properly removed.

Why A Private Defense Attorney Is Essential

Public defenders often handle overwhelming caseloads and typically focus on immediate defense rather than long-term consequences. A private Florida DUI Defense Lawyer looks beyond the courtroom and considers how a case affects your career, reputation, and professional licenses.

For medical students, nurses, pharmacists, and other licensed professionals, a DUI arrest—even one that is dismissed—can trigger mandatory reporting obligations under the Department of Health. Failing to report truthfully can lead to disciplinary action.

Under §456.072(1)(w), it is grounds for discipline to “fail to report to the department any criminal conviction or finding of guilt within 30 days.” This applies to licensees and applicants alike.

By hiring a private attorney, you receive comprehensive defense and post-case protection, including assistance with expungement petitions, licensing board disclosures, and proactive measures to avoid disciplinary issues.

Defenses That Can Lead To Dismissal And Expungement Eligibility

Each DUI case is unique, but there are several strong defenses that can lead to a dismissal, making expungement possible. These include:

1. Unlawful Traffic Stop:
If the officer lacked reasonable suspicion for the stop, any evidence obtained afterward may be suppressed under §901.15 and the Fourth Amendment.

2. Improper Breath Testing Procedures:
Florida’s Administrative Code 11D-8 sets strict requirements for maintaining and calibrating breath-testing devices. Failure to follow those procedures can invalidate the results.

3. Violation Of Constitutional Rights:
If your Miranda rights were not read, or if an unlawful search occurred, evidence can be excluded, often resulting in dismissal.

4. Lack Of Probable Cause For Arrest:
Officers must have probable cause to make a DUI arrest. Inconsistent field sobriety results or medical conditions affecting balance can undermine the prosecution’s case.

A private attorney can identify these issues early, challenge the evidence, and pursue dismissal. Once dismissed, the attorney can immediately begin the expungement process to protect your future.

The Link Between DUI Arrests And Medical Licensure

Many clients are shocked to learn that an expunged record is not always invisible to medical licensing boards. The Florida Department of Health and Board of Medicine can access sealed or expunged records when evaluating an applicant’s “good moral character.” However, expungement still prevents hospitals, employers, and the public from seeing the record, which can make a significant difference in professional settings.

Even with an expunged record, honesty in disclosure is essential. Misrepresentation can be more damaging than the arrest itself. As your attorney, I can help you prepare truthful, legally sound disclosures that satisfy the licensing board while protecting your privacy and career.

The Expungement Process Explained

The expungement process typically involves several stages:

  1. Obtain a Certificate of Eligibility from the FDLE. This requires fingerprints, a certified court disposition, and proof that charges were dismissed or dropped.

  2. File a Petition to Expunge in the same court where the DUI case was handled.

  3. Serve Copies of the petition on the state attorney, arresting agency, and FDLE.

  4. Attend a Hearing if the judge requires one.

  5. Receive a Court Order directing all agencies to destroy or seal the record.

Each step must be handled precisely. An attorney ensures the paperwork meets every statutory requirement and that the court order is enforced across all agencies.

Consequences Of Leaving A Dismissed DUI Record Unexpunged

Even if your DUI was dismissed, the arrest may still appear on your record for decades unless it is expunged. It can affect:

  • Employment background checks

  • Medical residency placements

  • Hospital credentialing

  • State licensing and renewals

  • Professional reputation and public perception

A single online record can harm your career and personal life. As your attorney, I make sure that your dismissed case does not continue to define you.

Why Timing Matters In DUI Expungement

Under Florida law, you can only expunge a record once in your lifetime. This means timing is critical. If you expunge a lesser charge now and face another issue later, you may lose that opportunity. I evaluate each case carefully to determine the best legal strategy for both the present and the future.

Because the expungement process can take six months or longer, beginning immediately after dismissal is wise. Delays can cause complications during licensing, credentialing, or job applications.

The Role Of A Florida DUI Defense Lawyer In Protecting Your Future

As a Florida DUI Defense Lawyer, my job extends beyond defending charges in court. I work to protect every aspect of your future, including your professional credentials. For those in the medical field, that means safeguarding your eligibility for residency programs, board certifications, and hospital privileges.

I handle every detail, from filing motions to dismiss and suppress evidence, to completing your expungement paperwork and advising you on reporting obligations under §456.072 and §458.331. A single arrest should not derail years of education, training, and hard work.

Florida DUI Expungement Frequently Asked Questions (FAQs)

Can I expunge my DUI arrest if I entered a diversion program?
If you completed a pretrial diversion program and the charges were dropped, you may qualify for expungement. Florida law allows expungement of dismissed cases, including those resolved through diversion, provided you have no prior convictions or previous expungements.

How long does expungement take in Florida?
The process can take between four to eight months, depending on the county and workload of the FDLE. An attorney can ensure each document is filed correctly to avoid delays or denials.

Do I need to disclose an expunged DUI to the Florida Board of Medicine?
Yes. Even if your record is expunged, the Board of Medicine can access it for moral character evaluations under §458.331. Failing to disclose can be considered untruthfulness and result in disciplinary action.

Can a dismissed DUI still appear on background checks?
Yes. Until the record is expunged, it will appear on most background checks. Expungement removes it from public databases and commercial record systems, significantly reducing exposure.

What if I am applying for a medical residency while my expungement is pending?
You should disclose the pending case outcome truthfully. I help clients prepare concise, accurate explanations that demonstrate accountability without harming their applications.

Can I expunge multiple arrests at once?
Generally, no. Florida law allows expungement of one criminal record per lifetime unless the additional arrests are directly related to the same incident.

What happens if my expungement is denied?
If your petition is denied, an attorney can appeal the decision or refile after addressing the issue that caused the denial. Often, errors in documentation or eligibility criteria are the cause.

Will expungement affect my ability to apply for a medical license in other states?
Expungement helps but does not eliminate the requirement to disclose. Each state’s licensing board may have its own rules, but most view an expunged dismissal more favorably than an undisclosed arrest.

Can expungement restore my ability to volunteer or work in healthcare?
Yes. Expungement can remove barriers to volunteering, employment, and credentialing in healthcare settings that require background checks.

Why is it important to hire a Florida DUI Defense Lawyer for expungement?
A qualified attorney ensures your petition meets every statutory and procedural requirement. They also advise you on how to protect your career, avoid reporting violations, and ensure your expungement is properly enforced across all agencies.

Speak With A Florida DUI Defense Lawyer About Expunging Your Dismissed DUI Arrest

If your DUI case has been dismissed, you deserve a clean slate. I help clients throughout Florida protect their reputation, their medical career, and their future.

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 35 office locations throughout Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.