Big Torch Key, FL DUI Law Firms & Lawyers

Expunction of a DUI criminal history record is possible if (1) the charge was "nolle prossed" (dropped) by the prosecution (the State) or dismissed by the Court, and if (2) the person seeking expunction has never been convicted of any crime, misdemeanor or felony, or adjudicated to be delinquent as a juvenile of any felony or some misdemeanors, and if (3) the person has never previously been the recipient of a sealed or expunged criminal history record. Interestingly, and in my view very unfairly and in disregard of the basic principles within the criminal justice system, the legislature decided that a person cannot receive the benefit of expunction if he or she goes to trial and is found not guilty.  So, despite the Constitutionally guaranteed entitlements of the presumption of innocence and the right to a trial at which the government, which has made the charge(s), must prove its allegations, an accused individual who opts for a trial, and wins, is not eligible for expunction.   If the person seeking expunction is eligible, as confirmed by the Florida Department of Law Enforcement, he or she could then petition the Court to expunge the record, and the Court would hold a hearing and determine whether the request should be granted.  The Court is not obligated to order expunction even if eligibility exists, but in most jurisdictions a denial would be unusual.

It depends on what country you are traveling to. Some countries, like Canada for example, will not let you in if you have a pending DUI charge. Other countries may not allow you in with a previous conviction. You will have to check on what country or countries you are planning on traveling to to see if you will be affected.

Possibly. The officer could theoretically still show up to court, however, it is a lot less likely whether the officer will show. If the officer does not show up for your trial then the case will likely be dismissed.