Leaving the scene of an accident is a criminal traffic offense in Florida. The record-relief question depends primarily on what happened to the charge and the final disposition of the case. Florida’s leaving-the-scene laws are found primarily in F.S. §§ 316.061 and 316.027.
What Is Leaving the Scene of An Accident in Florida?
Florida law requires a driver involved in a crash to stop and remain at the scene and fulfill the applicable duties after the crash. The classification depends on whether the crash involved property damage, injury, serious bodily injury, or death.
- For property-damage-only crashes, F.S. § 316.061 makes leaving the scene a second-degree misdemeanor.
- For crashes involving injury or death, F.S. § 316.027 establishes the applicable felony offenses.
What Are the Different Leaving-the-Scene Charges?
- Property damage only: Second-degree misdemeanor
- Injury other than serious bodily injury: Third-degree felony
- Serious bodily injury: Second-degree felony
- Death: First-degree felony
The exact charge and statutory subsection should be checked on the court record because the record-relief analysis depends on the final offense.
Can Leaving the Scene Be Expunged in Florida?
Yes. A leaving-the-scene charge can be expunged when the case ended in a qualifying disposition, and the applicant meets Florida’s remaining expungement requirements.
Under F.S. § 943.0585, qualifying dispositions can include a charge that was dismissed or nolle prossed, no charging document being filed, an acquittal, or a not-guilty verdict, subject to the statute’s other requirements.
What If I Was Convicted of Leaving the Scene?
If you were convicted of leaving the scene, you do not qualify for expungement. Florida expungement is generally available for qualifying cases that ended without a conviction, such as a dismissal, nolle prosequi, acquittal, or not-guilty verdict, subject to the other statutory requirements.
How Do I Expunge a Leaving-the-Scene Record?
Start by confirming the exact final disposition and offense on the court record. If the case ended in a qualifying way, the next step is to determine whether you meet the remaining statutory requirements for a Florida expungement. See Florida Expungement and Sealing for an overview of the process.
If you are unsure whether your record qualifies, check your eligibility.
Find out if you qualify — free, in 2 minutes
No obligation. Just answer a few questions and we’ll tell you exactly where you stand.
Do I Qualify?How Long Does Leaving the Scene Stay on Your Record?
A leaving-the-scene record does not automatically disappear with time. If the case is eligible, expungement or sealing may provide a legal path to restricting or removing the record from public access.
Does Leaving the Scene Appear on a Background Check?
A criminal leaving-the-scene case can appear in criminal-history and background-check records. What remains publicly accessible depends on the case disposition and whether the record has been sealed or expunged.
If the record is still appearing on background checks, see Criminal record removal from background check.
FAQs
Is leaving the scene a criminal traffic offense?
Yes. Depending on the circumstances, leaving the scene can be a misdemeanor or felony criminal traffic offense under F.S. §§ 316.061 and 316.027.
Can a dismissed leaving-the-scene charge be expunged?
Yes. A dismissed leaving-the-scene charge can qualify for expungement if the applicant meets the other requirements of F.S. § 943.0585.
Can a leaving-the-scene conviction be expunged?
A conviction requires a separate eligibility analysis. The exact offense, disposition, prior record, and statutory disqualifications must be reviewed.
