How long a DUI stays on your record in Florida
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Two records, two answers. On the driving record: 75 years for a DUI conviction on the driving record. On the criminal record: permanent — a DUI conviction cannot be sealed or expunged.
Florida forbids courts to withhold adjudication in DUI cases, which is the mechanism other offenses use to stay off a record. A conviction therefore stands, and the alcohol entry sits on the driving record rather than aging out with ordinary violations: the department applies a seventy-five-year retention period to alcohol-related entries, against three to five years for most ordinary citations.
| Question | Answer in Florida |
|---|---|
| On the driving record | 75 years for a DUI conviction on the driving record |
| On the criminal record | Permanent — a DUI conviction cannot be sealed or expunged |
| Expungement or sealing | Not available for a conviction |
| Source | FLHSMV, Questions About Driving Records · FLHSMV, Florida DUI and Administrative Suspension Laws · checked 2026-09-06 |
Can it be cleared in Florida?
Florida forbids a court to withhold adjudication in a DUI case, and sealing or expunging a criminal record requires either a withhold or a dismissal. That single rule closes the route: a DUI conviction in Florida is not eligible, whatever the waiting period.
Of the 15 states in this layer, 8 close the door on a conviction entirely, while Kansas will expunge one after a waiting period. So the blanket advice you find online — that a DUI can never be cleared, or that it always can after seven years — is wrong in both directions depending on where you were convicted.
The part of the Florida rule that catches people
The seventy-five years is not a typo and not a euphemism for “permanent”: it is the retention period the state applies to alcohol-related convictions on the driving record, against three to ten years for ordinary violations.
Why the answer is always two answers
The driving record is kept by the licensing agency to decide licences, insurance surcharges and how hard to punish a second offence. The criminal record is kept by the courts and the state police to answer background checks. They are created at different moments, governed by different statutes, and cleared — where they can be cleared at all — by different procedures.
That is why someone can be told truthfully that their conviction was “dismissed” and still fail a driving-job screening years later. If the job involves a vehicle, the record that matters is the one at the DMV.
What else is still running in Florida
The record outlasts every other obligation, which is why it is worth checking last rather than first. The programme, the filing and the device all end on their own clocks.
Florida DUI law in full → · Class requirements in Florida → · Insurance filing rules in Florida → · How records work everywhere →
Record questions in Florida
How long does a DUI stay on your record in Florida?
On the driving record, 75 years for a DUI conviction on the driving record. On the criminal record, permanent — a DUI conviction cannot be sealed or expunged. Those are two separate archives kept by two different agencies, and the answer people are usually given conflates them.
Can a DUI be expunged in Florida?
Not available for a conviction. Florida forbids a court to withhold adjudication in a DUI case, and sealing or expunging a criminal record requires either a withhold or a dismissal. That single rule closes the route: a DUI conviction in Florida is not eligible, whatever the waiting period.
Will a DUI show up on a background check in Florida?
It depends which check. A criminal-history search looks at the court record; an employer who pulls a motor vehicle record sees the driving record instead, and those clear on different schedules. In Florida the driving record holds it 75 years for a DUI conviction on the driving record, which is why driving jobs keep asking about it long after the case is closed.
Does clearing the court record clear the driving record in Florida?
No, and that assumption is the single most common mistake in this area. The two are held by different agencies under different statutes; an order aimed at one does not bind the other unless the statute says so explicitly. In Florida: the seventy-five years is not a typo and not a euphemism for “permanent”: it is the retention period the state applies to alcohol-related convictions on the driving record, against three to ten years for ordinary violations.
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.