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Will a DUI Show Up on a Background Check After 10 Years in Florida?

By Vanessa Arrieta, Arrieta Law, PLLC | Jupiter, FL

Yes. A DUI conviction in Florida will appear on a criminal background check after 10 years. It will also appear after 20 years. In Florida, a DUI conviction does not age off your record. There is no point at which it disappears.

This is one of the most misunderstood facts about DUI law in Florida. Some states allow convictions to be sealed after a certain period. Some states limit how far back employers can look. Florida does neither when it comes to DUI.

Florida DUI Convictions Cannot Be Sealed or Expunged

Florida law explicitly prohibits sealing or expunging a DUI conviction. This is not a gray area. It is spelled out in Florida Statutes 943.0585 (expungement) and 943.059 (sealing). Both statutes list DUI as an offense that is ineligible for sealing or expungement after a conviction.

When people hear "expungement," they sometimes assume there's a waiting period involved, that if enough time passes or you complete probation, you become eligible. For DUI in Florida, there is no waiting period. The conviction is permanent from the moment it's entered.

This is true regardless of whether you served jail time, completed probation, or paid every fine years ago. The record stays.

Your Driving Record Is Separate — and Just as Permanent

A DUI conviction affects two records: your criminal history and your driving record. They're maintained by different agencies and pulled in different contexts.

On your Florida driving record, a DUI conviction stays for 75 years from the date of conviction. That is not a typo. The Florida Department of Highway Safety and Motor Vehicles retains DUI convictions for 75 years, which is, for all practical purposes, the rest of most people's lives. Employers who run a motor vehicle record (MVR) check as part of a background check will see the DUI regardless of how long ago it occurred.

What Actually Shows Up on a Background Check

A standard criminal background check pulls from Florida's criminal history database, maintained by the Florida Department of Law Enforcement (FDLE). A DUI conviction will appear there. What shows up typically includes:

Employers, landlords, and licensing boards who run background checks through FDLE or third-party services will see all of this.

Employers who run a motor vehicle record check (common for jobs involving driving, transportation, or company vehicles) will additionally see the DUI on your driving record through DHSMV records.

How a DUI Conviction Affects Professional Licenses

This is where the consequences of a permanent DUI conviction go well beyond employment at a typical job. Florida licensing boards review criminal history as part of licensure applications and renewals. A DUI conviction on your record can affect:

The impact on a professional license depends on the nature of the license, how long ago the conviction was, and what else is in the record. But the conviction will be there for every board to see, indefinitely.

The Critical Distinction: Arrests That Did Not Result in Conviction

If you were arrested for DUI but the charge was dismissed, you were found not guilty at trial, or the state declined to prosecute, that arrest may be eligible for expungement. The prohibition on sealing and expunging applies to convictions, not to arrests that didn't result in a conviction.

This distinction matters enormously. An arrest record alone, without a conviction, can still show up on background checks, but it can often be expunged. A DUI conviction cannot be.

If your DUI charge was reduced to reckless driving and you pleaded to reckless driving, the reckless driving conviction may be eligible for sealing in some circumstances. That is one of the concrete advantages of a reduction: reckless driving doesn't carry the same permanent record consequences as a DUI conviction.

This is a major reason why fighting a DUI charge from the start, before a conviction is ever entered, matters so much. Once you plead guilty to DUI or are found guilty at trial, the record is permanent. There is no fix after the fact.

Facing a DUI charge in Jupiter or Palm Beach County? The time to fight it is before a conviction, not after.

Call Arrieta Law: (561) 919-2645

Frequently Asked Questions

Does a Florida DUI conviction show up on out-of-state background checks?

Yes. Florida criminal records are part of the national criminal history database maintained by the FBI (Next Generation Identification system). A background check run in any other state, or by a federal employer, will pull from that database and see the Florida DUI conviction. It doesn't stay in Florida.

If I move to another state, does the DUI follow me?

Yes. The conviction exists in Florida's criminal history database and in the national database regardless of where you live. Employers in other states who run background checks will see it. Some states also share DUI conviction information with other states' DMVs through interstate compacts, so your driving record in a new state may reflect the Florida DUI conviction as well.

My DUI was 15 years ago. Can I lie on a job application asking about convictions?

No, and doing so can create far bigger problems than the DUI itself. Many employers run background checks after hiring, and a discovered lie about a conviction is typically an automatic basis for termination or rescinded offer. Some applications ask specifically about felonies; a standard first-offense DUI in Florida is a misdemeanor unless there are aggravating circumstances, so read the question carefully, but do not misrepresent a conviction. Consult an attorney about how to accurately disclose convictions when required.

Is there anything that can be done about a DUI conviction after the fact?

If you were wrongly convicted, a post-conviction motion or appeal may be available depending on the circumstances. If new evidence shows the conviction was obtained improperly, there are legal avenues to challenge it. But there is no routine "clean slate" option for a validly entered DUI conviction in Florida, not after 5 years, not after 10, not after 25. The only real remedy is preventing the conviction in the first place, which is why having an attorney fight the charge matters so much before any guilty plea is entered.

Arrieta Law handles DUI defense in Jupiter, Palm Beach Gardens, West Palm Beach, and Palm Beach County. Call for a confidential consultation.

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