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.
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Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/hello—is-it-true-that-i-can-never-get-my-felony–2146183.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
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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.
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I’m happy to have been of assistance and wish you the best of luck!