Your driving records contain all the traffic rule violations displayed to the public. Having such records openly available to anyone could pose a negative impact especially when you are applying for a job or opening a bank account as people would assume you are untrustworthy.
Consider clearing your bad driving record to stop background checks from seeing the charge. As long as you are not convicted, especially of DUI, you are eligible for expungement. To guarantee your success, learn how to expunge a driving record in Florida with the help of a Florida expungement lawyer.
| Type of Offense | Expungeable? | Best Course of Action |
|---|---|---|
| Speeding/Red-light/Lane violation | No | Flight ticket or Traffic school |
| DUI/Reckless Driving | Yes, if qualify | Expunge or Seal |
| Driving with Suspended License | Yes, if qualify | Expunge or Seal |
Under Florida expungement laws, civil traffic infractions, such as speeding, running a red light, or failing to yield, cannot be expunged or sealed from one's record. These violations are not criminal and are processed through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) rather than the criminal court system.
❗Important: Florida Statutes §§ 943.0585 and 943.059 apply only to criminal history records. Traffic citations are not criminal records and therefore are not eligible for expungement.
If you were arrested or charged with a criminal traffic offense in Florida that was later dismissed, dropped, or resulted in withheld adjudication, you may qualify to seal or expunge your record. Only offenses processed within the criminal justice system that create a criminal history record are eligible. Civil traffic infractions like speeding or running a red light do not qualify.
Your case may qualify for expungement if charges were dropped, dismissed, or if you were found not guilty. It may also be eligible for sealing if adjudication was withheld and you meet all other criteria.
Still wondering if you qualify? Check our 2-minute eligibility test now!
Note: You can only expunge one criminal case in your lifetime in Florida, unless it qualifies under narrow exceptions (such as juvenile diversion expungements).
If your case involved a criminal traffic offense and qualifies, here is the typical process to expunge it:
To expunge driving records in Florida, first fill out the FDLE Application for a Certificate of Eligibility for Expunction (Florida Statute 943.585) to start the expungement procedure. Successfully erased cases need to meet certain requirements:
Don't forget to attach a copy of your official government-issued picture ID when asking for status updates. After a completed application packet is submitted, it usually takes 12 weeks for eligibility to be determined.
Also, it's important to note that DUI or Driving Under the Influence convictions are not eligible for expungement.
Request a copy of your driving history from the Florida Department of Motor Vehicles and Highway Safety (DHSMV). You may use this to learn what infractions or points you have on your record.
Fill out the Driver License Record Request Form completely, sign it, and return it to the address below along with the required Driver History Records charge if you would like a copy of your driving record sent to you. The Driving Privacy Protection Act safeguards private data on driving records.
To determine if you qualify for case sealing or expungement, FDLE will review your criminal record. This process can take two to four months. This procedure, which includes a thorough criminal background records check in Florida and throughout the US, usually takes one month.
Following the application screening process, FDLE will mail one of three things:
Request that your fingerprints be placed on a fingerprint card or the fingerprint page on the FDLE website by going to your local police agency. Enclose your expungement form and a certified copy of the case disposition. Submit the completed application to FDLE in your state with the fingerprint card, case disposition, and fee as soon as you receive it.
Make sure to obtain the needed documents listed below:
Once the petition is completed, fill in your "Petition and Affidavit to Expunge or Seal" and the Certificate of Eligibility with the Clerk of the Court in the County where the matter occurred. Submit the documents to the State Attorney's Office in the County where the issue happened.
A judge must sign the order to seal or expunge, but at times a hearing is scheduled so that the judge can speak with a representative. A hearing is often held so the court may determine if your case can be completely erased. A skilled lawyer must be able to reason out for you. The complete procedure can last a month.
Work with your lawyer on this, get the required paperwork, and dress professionally. Bring an extra set of clean, unmarked, conformed, file-stamped copies of the pleadings filed for your hearing (the court may misplace your paperwork).
If the judge grants the expungement, the court will order you to expunge your record. After receiving the court order, the important authorities will make sure that your record disappears from their files. Consult your expungement attorneys for follow-ups. And that is your answer to "How to clear my driving record in Florida"
Although traffic tickets cannot be expunged under Florida law, there are several proven ways to reduce or eliminate their negative impact on your driving record and insurance rates.
Request a hearing within 30 days. If dismissed, the ticket won’t appear on your record, and no points are added.
Eligible drivers can take a Basic Driver Improvement course to avoid points.
Legal representation improves your chances of dismissal or a downgrade to a non-moving violation.
If granted, no points are assessed, even if you plead no contest.
Note: Accumulating 12+ points in 12 months can trigger license suspension. Even one ticket can raise your insurance for years.
Florida driving records go back 11 years and include all offenses, driving prohibitions, and other information. A list of any moving violations that were expunged from your driving records for three and seven years as a result of your completion of traffic school is also shown.
Yes, you can remove points from your license in Florida. To do so, you must first complete a driving school course from a certified traffic school in Florida and present the certificate of completion to the Florida Department of Highway Safety and Motor Vehicles for them to remove your points.
Check your records online by purchasing at FloridaDrivingRecord.com.
You can lose out on career prospects or pay more for insurance if there is incorrect data on your driving record. Check your driving history regularly, for any mistakes that can jeopardize your financial security.
Call 850-617-2000 to reach the Florida Department of Highway Safety and Motor Vehicles if you see any mistakes on your driver's license. You might also want to dig deeper into DUI expungement and learn more about its defenses here
