Legal Question in Criminal Law in Florida

Re: Expungement

What you had heard is correct. Your DUI, unless it was amended to reckless driving, necessarily resulted in an adjudication/conviction. That conviction, or any other conviction for a felony or misdemeanor, criminal traffic violation or local ordinance violation, or even of a juvenile charge, permanently prevents you from sealing or expunging anything. I suppose that were you to receive a governor's pardon for the DUI, that might change things, but such a pardon would be farfetched, and even if obtained, you would likely have to sue the FDLE, to get it to issue you a certificate of eligibility for sealing, since a pardon is not mentioned in the statute as an exception to allow sealing after a conviction. Arguably, though, it should be allowed.

Mark Hanks

Attorney Hanks, PA

St. Petersburg, FL