How Long Does a DUI Stay on Your Background Check in Florida?

Aaron Delgado

If you have a conviction for driving under the influence in the state of Florida, you may be wondering how long this is going to stay on your background check. A background check is a common tool that many employers and landlords use to figure out whether they want someone to work for them or live in their housing.

Importantly, people usually let you know if they are going to do a background check on you. If you think they will find anything, you may want to let them know ahead of time, so they are not blindsided by it. So, how long does a DUI stay on your background check in Florida? There are several important points to keep in mind.

A DUI Does Not Just “Fall Off” Your Background Check

There are a lot of people who believe that a DUI conviction will simply fall off your background check after a few years. Unfortunately, this is not the case. In the state of Florida, a conviction for driving under the influence is usually treated as a criminal conviction. This is not a simple moving violation. It is true that speeding tickets may fall off your driving record after a few years. Even accidents will fall off of your record after a few years; however, these are traffic violations, not criminal convictions.

In contrast, a DUI is much more than a simple ticket for rolling through a stop sign. Therefore, it is going to stay on your record for much longer. If you are waiting for your DUI to fall off of your background check, you may be waiting for a long time.

A Conviction May Stay On Forever

If you are convicted for driving under the influence in the state of Florida, this could stay on your record forever. For example, there are some convictions for DUI in Florida that could be treated as felonies. Therefore, the penalties could be severe. You could be facing significant fines, you might lose your driver's license, and you could even go to jail.

A DUI is a criminal conviction, and it could stain your background check for decades. Even if your conviction for a DUI was fifty years ago, it will still show up on your background check today. That is why you need to put up a vigorous defense if you have been charged with driving under the influence in Florida. Working with the right attorney can help you make sure your rights are protected.

An Arrest Can Also Show Up

There are some situations where you might be arrested for a DUI but not actually convicted. For example, the charges could be dropped. Some of the most common reasons why a DUI case does not move forward include:

  • The equipment was not calibrated correctly. Therefore, the measurements cannot be used in a court of law.
  • The field sobriety tests may not have been administered properly. As a result, the results of the tests are not reliable.
  • The officer may not have had probable cause to pull over the driver. Therefore, the traffic stop should not have taken place.

You need to work with a lawyer who understands these common problems. Even if you are not convicted, it can still be a traumatic experience to be arrested. Furthermore, an arrest can still show up on your background check even if you are not convicted.

What About an Expungement?

If you are arrested for a crime of which you are not guilty, it is not fair for this to show up on your background check. Unfortunately, you are still going to be in the system even if you are not convicted. Therefore, the arrest is going to show up on your background check, and it could prejudice someone against hiring you or giving you housing. This is not right, which is why you need to have your record expunged.

If you are not convicted of the crime for which you are arrested, you may have the right to have that information expunged. This is not an easy process, and you need to work with a lawyer who can help you through this situation. That way, you can have the information removed from your record, and people will have a much lower chance of figuring out you were ever arrested. You should not have to explain away something that should not have happened in the first place.

What About a Plea Bargain?

If you are arrested for a DUI in Florida, you may also be interested in the potential plea bargain. This could be a way to keep this information off of your background check. If your lawyer does not think there is a good chance of winning at trial, then you may want to strike a plea bargain with the District Attorney's office.

If you have a relatively clean record, then you may be able to attend a class in exchange for having a case dismissed. Then, once the case is dismissed, you can have the information expunged. Usually, these classes focus on the dangers of drinking and driving. Therefore, the information will probably be helpful for you. You need a lawyer who can make sure you are getting a fair deal in your plea bargain.

Even if the case cannot get this mess, you may want to strike a plea bargain with the prosecutor, so you can minimize any potential fines or jail time. Particularly if you have had DUI convictions in the past, the district attorney may be interested in sending you to jail. Working with a DUI lawyer in Florida might help you avoid jail time.

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Out of 325 DUI cases, 292 (90%) were reduced from a DUI to a less serious offense or had their charges dismissed! Learn More About Our DUI Results.

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Work with the Right DUI Attorney in Florida

In the end, a DUI in the state of Florida is not a traffic ticket. This is a criminal conviction, so it is going to show up on your background check. Unlike speeding tickets, a conviction for a DUI is not going to fall off your record in a few years. It is something that could stay on your background check for the rest of your life.

That is why you need to work with an attorney who can put up a vigorous defense on your behalf. If you are looking for an attorney who can help you with a DUI in Florida, you should work with Aaron Delgado and Associates. We have a tremendous amount of experience defending people against charges of driving under the influence, and it would be our pleasure to assist you as well. Contact us today for a case consultation.

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