Some criminal traffic charges in Florida may be eligible for expungement or sealing. Eligibility depends on the exact offense, how the case ended, prior criminal history, and Florida’s statutory requirements.
If the charge was dismissed or nolle prossed, it may qualify for expungement under F.S. § 943.0585. A case resolved with a withhold may qualify for sealing under F.S. § 943.059, unless a statutory disqualification applies.
What Is a Criminal Traffic Offense in Florida?
A criminal traffic offense is a traffic-related offense that can result in a criminal charge and create a criminal record. This page focuses on criminal traffic offenses, not ordinary civil traffic infractions.
Florida criminal traffic offenses can arise under Chapter 316 and other Florida statutes. The exact offense, charge, and final disposition determine whether a record may qualify for expungement or sealing.
Examples of Criminal Traffic Offenses:
- Reckless driving
- Fleeing or attempting to elude a law enforcement officer
- Leaving the scene of a crash involving death or personal injury
- Racing on highways, street takeovers, or stunt driving
- Criminal driving while a license is suspended, revoked, canceled, or disqualified
- Florida traffic offenses are primarily addressed in Chapter 316, Florida Statutes — State Uniform Traffic Control.
- DUI (Driving Under the Influence)
- Reckless driving
- Fleeing or attempting to elude a law enforcement officer
- Leaving the scene of a crash involving death or personal injury
- Racing on highways, street takeovers, and stunt driving
- Criminal driving while a license is suspended, revoked, canceled, or disqualified
Not every traffic-related charge has the same criminal classification or eligibility rules. The final statute, degree of offense, disposition, and the applicant’s record must be reviewed before determining whether expungement or sealing is available.
When Can a Criminal Traffic Charge Be Expunged?
A criminal traffic charge may be eligible for expungement when the case ended in a manner covered by Florida’s expungement statute and the applicant satisfies the remaining requirements.
Dismissed Charges
If the traffic charge was dismissed, the person may be eligible for expungement under F.S. § 943.0585. The fact that the original charge involved driving does not automatically prevent expungement.
Nolle Prossed Charges
A nolle prosequi is another disposition that may support expungement. The applicant must still satisfy the other statutory requirements.
Acquittal or Not-Guilty Verdict
A judgment of acquittal or a not-guilty verdict may also satisfy the disposition requirement for expungement, subject to the remaining requirements.
Can a Criminal Traffic Charge Be Sealed?
A criminal traffic charge resolved with a withhold of adjudication may be eligible for sealing if the final offense is not disqualifying and the applicant meets the other requirements under F.S. § 943.059.
How Do You Know If Your Traffic Record Qualifies?
The safest way to evaluate a traffic case is to review the exact charge, final disposition, prior criminal history, and any applicable statutory disqualification.
If you are unsure where your case falls, you can check your eligibility for a Florida record review.
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Can a Dismissed Criminal Traffic Charge Be Expunged in Florida?
Yes, a dismissed traffic charge may be eligible for expungement if the applicant satisfies the remaining requirements of F.S. § 943.0585 and no statutory disqualification applies.
Can a Criminal Traffic Charge With a Withhold Be Sealed?
A criminal traffic charge can be sealed when the final offense is not disqualifying, and the applicant meets the other requirements of F.S. § 943.059.
