Sunday, April 19, 2015

Can a DUI case be sealed in Florida? ~ Chosen as "Best Answer" by Asker on AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:      Hello, Is it true that I can never get my felony DUI record sealed?  I live in Florida and I'm trying to rent an apartment but I keep getting denied due to my DUI felony record. Therefore, I am trying to see if I can get it removed from my background checks for this purpose.

A:     Chosen as "Best Answer" by Asker!



Best Answer
chosen by asker
Answered Unless it was dismissed (nolle pros'd, no actioned or otherwise broken down) yes it is true.

DUI's (felony or misdemeanor, it matters not) carry mandatory convictions and are therefore not subject to being sealed or expunged.

If you were convicted of DUI (felony or misdemeanor) then your only possibility at removing it is an award of executive clemency from the Governor.

In that regard you should know that clemency is a crap shoot; in fact, the odds are much better at craps then at clemency, but still, everything that you ever wanted to know about clemency - "the pardon process" - can be found at the following link : https://fpc.state.fl.us/Clemency.htm .

Sadly, at best an award of executive clemency is a veritable lottery drawing, and at worst it is truly a political process which is housed in a shroud of alleged fairness. In point of fact the odds of getting an award of a gubernatorial pardon are probably close to those for winning the lottery.

Still, I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less


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Asker
Posted about 20 hours ago.
Thank you so much for your response. Very thorough & extremely helpful.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted less than a minute ago.
Ty for the +++ feedback. It's always rewarding to receive.

I'm happy to have been of assistance and wish you the best of luck!


When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


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