DUI Penalties, Priors & Felony DUI

Can a DUI ever be sealed or expunged?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A conviction generally can't be. A dismissed case may be eligible, depending on the person's full criminal history and the statutory exclusions.

A Florida DUI conviction is generally not eligible for sealing or expunction, because sealing and expunction ordinarily require no adjudication of guilt — and Florida law doesn't permit withholding adjudication on a DUI.

A dismissed DUI case is different. Where the case was dropped, dismissed, or resolved without a DUI adjudication, it may be eligible. That depends on two things beyond the case itself: the person's full criminal history, since prior adjudications elsewhere can disqualify, and the statutory exclusions listing offenses that can never be sealed.

The process runs through a certificate of eligibility from FDLE before any petition is filed, and it takes months rather than weeks.

Worth understanding that eligibility is assessed across an entire record rather than case by case. Someone with an otherwise clean history and a dismissed DUI is in a very different position from someone with a dismissal and prior adjudications.

Whether you're eligible depends on your whole record, not just this case. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.