Legal Question in DUI Law in Florida

In 2001 I was living in Illinois and charged with DUI in Illinois. At the time I had a FL license that had expired 3 weeks before, I paid some fines and lost driving priviledges for a short time. In the end the charge was dismissed. This morning, 8 years later, I got a new FL drivers license issued as "good driver" and was informed that FL has me convicted of the charge in IL. Can this be removed from my record and if so what can I do to get it removed? Thank you for any advice you can give.


Asked on 8/18/09, 2:25 pm

1 Answer from Attorneys

Richard Stoffels Stoffels Law Group

Yes, if in fact you were never convicted it can be removed. You will need to obtain certified copies of the court records in which the case was dismissed in order to go further. Next, and this will be the hard part, there is a national database which keeps records such as this. Illinois reported this to the database. It will be up to the Illinois department of motor vehicles to ask that this be removed. They can do so, and should, if you present to them the copies of the court documents which show that you were not convicted of the DUI.

One note, different states treat the withholding of adjudication differently. If the charge were not dismissed in Illinois, but rather had the adjudication was withheld, this might be a different matter for Florida.

Finally, rather than pursuing this with the Illinois DMV, you can try with the Florida DMV in Tallahassee. Again, you will need the certified copies of the dismissal before you can get much further.

This is a time consuming process - I recently helped a client in a similar matter, and this will take a while.

Good luck.

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Answered on 8/18/09, 2:46 pm


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