If you are arrested for intoxicated driving, you may – very understandably – be wondering whether a record of that concern will be made public. Under Florida’s public records law, also known as the Sunshine Law, most criminal records, including those for DUI arrests, are considered searchable public information. This means that once you are arrested for a DUI, your arrest record becomes accessible to the public.
In Florida, arrest records, including those related to DUI offenses, are typically maintained by the county sheriff’s office or the arresting agency. Once the arrest is processed, this information – including a person’s name, mugshot and details of the incident at issue – is entered into a public database, which can be accessed by anyone, including employers, landlords and the general public. These records may be available through online searches, government websites and third-party services that aggregate public records.
This availability of records can result in long-term consequences for individuals arrested for DUI, as having an arrest record visible to the public can affect personal and professional relationships, job prospects and housing opportunities. Even if DUI charges are later dropped or reduced, an arrest record itself remains public unless specific legal actions are taken.
What can be done?
In some cases, it may be possible to have a DUI arrest record sealed or expunged in Florida. Sealing a record means it is no longer accessible to the general public, although certain government agencies may still be able to view it. Expungement goes a step further by essentially erasing the record from public view.
Not all DUI cases qualify for sealing or expungement. If you are arrested and convicted of a DUI, Florida law prohibits the expungement of your related arrest record. However, if the charges are dropped, dismissed or you are acquitted, you may be eligible to have the arrest record sealed or expunged. This is just one of the many reasons why those arrested for alleged DUI offenses should strongly consider fighting their charges.
