DUI Penalties, Priors & Felony DUI

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

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A DUI conviction doesn't come off. It can't be sealed or expunged, and it stays on both your criminal and driving records.

The assumption behind this question is that convictions age off after some period. For most Florida offenses there's at least a sealing or expungement path. For a DUI conviction there isn't.

The reason is structural. Sealing and expunction ordinarily require that adjudication was withheld — that you weren't formally convicted. Florida's DUI statute prohibits withholding adjudication on a DUI. So the mechanism that clears other offenses is unavailable by design.

A DUI conviction therefore appears on background checks indefinitely, and remains on the driving record for a very long retention period.

The distinction that matters: this applies to a conviction. A DUI case that was dismissed, or one that resolved to a different offense without a DUI adjudication, may be eligible depending on the person's full history and the statutory exclusions.

Which is why how the first case resolves carries weight far beyond the sentence.

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.