Criminal background checks have become commonplace for a variety of application processes, including employment or housing. For people who have been arrested for driving under the influence (DUI), background checks can cause numerous hardships that negatively impact professional matters.
Individuals who were arrested but never convicted of drunk driving in Florida can petition to have their criminal records sealed or expunged. Sealing or expunging a record will prevent your arrest from appearing in any background checks and you may no longer be required to disclose it.
Attorney for DUI Expunctions in Brooksville, FL
If you were arrested for DUI but were never convicted, you will want to retain legal counsel for help sealing or expunging your criminal record. Ashley M. Aulls, P.A. defends clients arrested for drunk driving in Spring Hill, Wildwood, Brooksville, Weeki Wachee, New Port Richey, Inverness, and several other nearby communities in Hernando County.
Ashley Aulls is an experienced criminal defense lawyer in Brooksville who can guide you through the, often complicated, process to seal or expunge a criminal record.
Call (352) 593-4115 today to have our attorney provide a complete evaluation of your case during a free initial consultation.
Florida DUI Expungement Information Center
- Who is eligible to expunge DUI arrests in Florida?
- How does a person expunge his or her record?
- Where can I learn more about DUI expunctions in Brooksville?
Florida Statute § 316.656(1) establishes that no court can suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of Florida Statute § 316.193, the state's DUI law. An adjudication of guilt for any criminal traffic offense—such as DUI—renders the offender's record ineligible for sealing or expunction (also referred to as expungement).
Not all DUI arrests end in convictions, however. Certain people may have their charges reduced to another offense, such as reckless driving, and adjudication may be withheld in such cases. If adjudication was withheld following your DUI arrest or the criminal charges were dropped or dismissed by the court, you could be eligible to seal or expunge your criminal record.
When a record is sealed under Florida Statute § 943.059, it does not appear on background checks but may still be accessed by certain law enforcement agencies and other types of government agencies. When a record is expunged under Florida Statute § 943.0585, it does not appear on background checks and law enforcement or government agencies must obtain a court order to access the record.
In order to seal or expunge a criminal record, a person will need to file an application with the Florida Department of Law Enforcement (FDLE) that includes his or her fingerprints and a certified form of disposition of his or her case from either the court or the law enforcement agency involved in the case.
The application will need to be completed and signed in the presence of a notary public, and it must be completed by the State Attorney or Statewide Prosecutor with jurisdiction over the case if the person is seeking an expungement.
After the FDLE certifies the applicant's eligibility, he or she will need to file a Petition, Affidavit, and Order to have his or her DUI record sealed or expunged and the certificate of eligibility with the Clerk of Courts. A copy must also be served to the State Attorney’s Office, and the certificate from the FDLE generally must be filed within six months of issuance.
An order to seal or expunge a DUI record may be signed by a judge, but hearings can be scheduled so people can explain why their records should be sealed or expunged.
Criminal Courts | Clerk of Circuit Court & Comptroller, Hernando County — Learn more about sealing or expunging records in Hernando County on this section of the Clerk of Court's website. You can also search criminal cases. Elsewhere on this website, you can find record sealing and expungement forms and documents.
Hernando County Clerk of Court
20 N. Main St.
Brooksville, FL 34601
FDLE | Frequently Asked Questions — Visit this section of the FDLE website to find answers to some of the most frequently asked questions about record sealing and expunction. Learn more about how many arrests you can have sealed or expunged as well as which kinds of charges cannot be expunged or sealed when adjudication is withheld. You can also find a variety of questions relating to the Certificate of Eligibility.
Ashley M. Aulls, P.A. | Brooksville DUI Expunction Lawyer
Are you hoping to seal or expunge your criminal record because of a DUI arrest in Central Florida? You will want to contact Ashley M. Aulls, P.A. as soon as possible.
Brooksville criminal defense attorney Ashley Aulls represents individuals in Sumter County, Pasco County, Hernando County, and Citrus County. You can have our lawyer review your case and answer all of your legal questions as soon as you call (352) 593-4115 or fill out an online contact form to schedule a free, confidential consultation.