FR44 After a DUI Dismissal or Expungement in Florida
If your DUI was dismissed, reduced, or expunged in Florida, you might assume your FR44 insurance requirement disappears with it. In most cases, that assumption is wrong — and finding out after a license suspension can be expensive. This guide explains exactly when FR44 is still required after a DUI dismissal, and what happens with expungement.
The Short Answer
DUI dismissed or reduced: Under § 324.023, FR44 applies when you're found guilty of, or plead guilty or no contest to, DUI under § 316.193, whether or not adjudication is withheld. An administrative suspension by itself isn't the FR44 trigger. Check the requirement list on your FLHSMV record.
DUI expunged: Expungement seals the criminal record but does NOT reverse DHSMV administrative actions. If a license suspension was imposed, the FR44 clock runs from the reinstatement date — expungement doesn't stop it.
How FR44 Is Triggered in Florida
Florida law has one FR44 trigger. The administrative suspension from your arrest runs on a separate track:
- FR44 trigger: a DUI conviction (§ 324.023).
- Administrative suspension (§ 322.2615) is a separate FLHSMV track. A refusal or 0.08+ suspension starts on the date the notice of suspension is issued.
If the DHSMV issued an administrative suspension at the time of your arrest — which happens automatically in Florida for BAC ≥ 0.08 or test refusal — that suspension stays on the DHSMV record even if the criminal charge is later dismissed. The FR44 requirement follows a DUI conviction, not the suspension record (§ 324.023).
DUI Dismissed: Do You Still Need FR44?
Whether you need FR44 after a DUI dismissal depends on what happened to your license:
| Scenario | FR44 Required? |
|---|---|
| DUI dismissed + no license suspension issued | No — FR44 not required |
| DUI dismissed, administrative suspension only | No FR44 under § 324.023 from the suspension alone. The suspension itself still has to run its course and be reinstated. |
| DUI reduced to reckless driving + court supervision completed | Usually no FR44 — but verify with DHSMV directly |
| DUI dismissed, refusal suspension only | No FR44 under § 324.023 (FR44 follows a DUI conviction). The refusal suspension (1 year for a first refusal, 18 months for a second) still applies. |
The only way to know for certain is to pull your DHSMV driving record and look for FR44 notation. You can order it online at flhsmv.gov for $8, or call DHSMV directly at (850) 617-2000.
DUI Expunged: Does FR44 Go Away?
No. Florida expungement seals or destroys court and arrest records — it does not alter your DHSMV driving record. The DHSMV driving record is maintained by a separate state agency and is not subject to expungement orders issued by criminal courts.
If you had a license suspension tied to the DUI (administrative or criminal) and FR44 was required as a condition of reinstatement, those requirements remain in full effect after expungement. Your 3-year FR44 clock runs from the date your license was reinstated, not from the date of the DUI arrest.
When FR44 Ends After Dismissal or Expungement
If your situation does require FR44, the 3-year requirement runs from the date of license reinstatement — not the DUI arrest date, not the court dismissal date, not the expungement date. Three years of continuous, uninterrupted FR44 coverage from reinstatement is required to satisfy Florida's FR44 obligation.
Important: Any lapse in FR44 coverage — even one day — restarts the 3-year clock. DHSMV receives electronic notification within 48 hours of a policy cancellation.
What to Do If You're Unsure
- Pull your DHSMV record — flhsmv.gov, $8. Look for any FR44 notation or suspension requiring FR44 for reinstatement
- Call DHSMV — (850) 617-2000. Ask specifically: "Does my current license status require FR44 insurance?"
- Ask an FR44 specialist — A licensed Florida FR44 agent can verify your DHSMV status for free and tell you which carriers will file at the lowest rate
Getting FR44 Insurance After Dismissal
If FR44 is required, the process is the same regardless of criminal outcome. You need a Florida FR44 insurance policy with minimum limits of 100/300/50 ($100,000 bodily injury per person / $300,000 per accident / $50,000 property damage). Your insurer files the FR44 form directly with DHSMV electronically — usually within 24 hours of policy binding.
What you pay for FR44 depends on your driving history, your age, and which carrier you use. Rates for the same coverage vary widely between carriers, so it is worth shopping several — see our FR44 cost guide.
Frequently Asked Questions
Does a DUI dismissal remove the FR44 requirement in Florida?
It depends on how the DUI ended. Under § 324.023, FR44 follows a DUI conviction. If the DUI charge was dismissed with no plea or finding, that trigger isn't met. A separate administrative suspension still has to be served. Check your FLHSMV record.
Does expungement eliminate FR44 requirements in Florida?
No. Expungement seals court and arrest records — it does not alter your DHSMV driving record, which is maintained by a separate state agency. FR44 requirements tied to DHSMV suspensions remain in full effect after expungement.
When does FR44 start — from the DUI arrest date or reinstatement?
FR44 runs 3 years from your license reinstatement date — not from the arrest date or conviction date. If your license was reinstated in January 2024, your FR44 requirement ends in January 2027, assuming no lapses in coverage.
Can I get FR44 insurance if my DUI was dismissed?
Yes. FR44 insurance is available regardless of criminal outcome. Insurers don't require a conviction — they file FR44 for anyone whose DHSMV record requires it. The process is the same: bind a policy meeting 100/300/50 minimums, and the carrier files the FR44 with DHSMV electronically.