Florida DUI expungement is one of the most misunderstood topics in post-DUI planning. The short answer: Florida does not allow expungement of DUI convictions in most cases. And even for diversion programs that avoid conviction, the DHSMV administrative record and FR44 requirement are separate from criminal records. This guide clarifies what is and is not possible.

Can You Expunge a DUI Conviction in Florida?

Generally no. Florida law prohibits expungement or sealing of a criminal record if the person was adjudicated guilty of the crime. Most DUI convictions result in adjudication — and an adjudicated DUI conviction cannot be expunged or sealed under Florida law (Florida Statute §943.059). This is a firm prohibition, not a technicality.

The Exception: Withheld Adjudication and Diversion

Some first-time DUI offenders qualify for a diversion program or have adjudication withheld (common in plea negotiations). If adjudication was withheld — meaning the court did NOT formally enter a conviction — the criminal record may be eligible for sealing (not full expungement) after successfully completing probation. This is relatively uncommon and depends heavily on the jurisdiction and case facts.

What Expungement or Sealing Does NOT Affect

Even when criminal record sealing is possible (withheld adjudication), the following remain unchanged:

• DHSMV driving record: Florida’s DMV maintains a separate administrative record. The DUI stays on your driving record for 75 years regardless of criminal record sealing.
• FR44 requirement: The FR44 filing obligation comes from the DHSMV administrative action, not the criminal conviction. Even if a criminal record is sealed, the DHSMV reinstatement requirement remains.
• Insurance rates: Insurers pull your MVR (motor vehicle record) from DHSMV — not your criminal record. Sealing a criminal record does not change what insurers see when they run your driving history.

The Practical Bottom Line

For most Florida DUI convictions: no expungement is available, the DHSMV record is permanent regardless, and FR44 is required for the full 3-year period from reinstatement. Focus on completing FR44 requirements correctly, maintaining continuous coverage, and letting time pass — that is the actual path to normalized insurance rates and a DUI that fades into your record history rather than your daily life.

Frequently Asked Questions

Can I get out of FR44 requirements if my DUI is expunged?

No — even in the rare case where a Florida DUI record can be sealed (withheld adjudication), the DHSMV administrative record and FR44 requirement remain. The DHSMV operates independently of the criminal courts for license reinstatement purposes.

How long does a DUI stay on my Florida driving record?

75 years — effectively permanent for all practical purposes. Florida does not purge DUI convictions from driving records. This is the DHSMV administrative record, separate from and longer-lasting than any criminal record.