Florida · DUI · Checked October 2026

Can a DUI Be Expunged in Florida?

Can a DUI Be Expunged in Florida?

Whether a DUI can come off your record in Florida, and how long it counts against you.

Expungement or sealing
Not available for a DUI conviction: courts may not withhold adjudication of guilt for DUI, and sealing or expunction requires that the person not have been adjudicated guilty of the offense

Expungement or Sealing in Florida

not available for a DUI conviction: courts may not withhold adjudication of guilt for DUI, and sealing or expunction requires that the person not have been adjudicated guilty of the offense

Official source: expungement or sealing (Florida)

Rules in Florida

Fla. Stat. § 316.656(1) bars withholding adjudication for any violation of s. 316.193; §§ 943.0585 and 943.059 bar sealing or expunction where the person was adjudicated guilty of the charge.

Official source: rules (Florida)

How Long It Counts for Repeat Offenses in Florida

5 years for second-offense mandatory jail, 30-day impoundment and 5-year revocation; 10 years for third-offense felony, mandatory jail and 10-year revocation; a fourth conviction is a felony no matter when the priors occurred. Out-of-state DUI convictions count as priors.Fla. Stat. § 316.193(2)(b), (6)(b)-(c); § 322.28(2)(a)

Official source: how long it counts for repeat offenses (Florida)

More on DUI Law in Florida

See the full overview of DUI laws in Florida and read about how long a DUI stays on your record.

This page summarizes Florida law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Florida can advise on your case.

Frequently Asked Questions

Can a DUI Be Expunged or Sealed in Florida?

not available for a DUI conviction: courts may not withhold adjudication of guilt for DUI, and sealing or expunction requires that the person not have been adjudicated guilty of the offense

Sources

  1. Record and expungement
  2. Lookback period: Fla. Stat. § 316.193(2)(b), (6)(b)-(c); § 322.28(2)(a)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.