Under F.S. § 316.192, Reckless driving is defined as operating a vehicle in willful or wanton disregard for the safety of persons or property. If you are researching reckless driving because it appears on your criminal record, the more important question is what happened to the case and whether the record may qualify for expungement or sealing.
Can Reckless Driving Be Expunged in Florida?
A reckless driving charge can be expunged in Florida when the charge was dismissed, nolle prossed, or otherwise resolved in a manner that qualifies under Florida’s expungement law, and the applicant meets the remaining statutory requirements.
Under F.S. § 943.0585, qualifying dispositions can include a dismissed charge, a nolle prosequi, no information or indictment being filed, or an acquittal or not-guilty verdict.
A conviction is different. A reckless driving conviction does not qualify for expungement simply because the case is old or the offense was a traffic offense. The specific disposition and the applicant’s complete record must be reviewed.
Does Reckless Driving Stay on Your Criminal Record?
A reckless driving case can create a criminal history record. It does not automatically disappear with time. If the record qualifies for expungement or sealing, completing that legal process can change how the record is available to the public.
Is Reckless Driving the Same as DUI?
No. Reckless driving and DUI are separate offenses under Florida law. If a DUI case was reduced to reckless driving, the final offense and disposition should be reviewed when determining eligibility for record relief.
FAQs
Can a dismissed reckless driving charge be expunged?
Yes. A dismissed reckless driving charge may qualify for expungement if the applicant satisfies the requirements of F.S. § 943.0585.
Can reckless driving be sealed after a withhold?
Potentially. A withhold of adjudication may support sealing when the record is not otherwise disqualified, and the applicant meets F.S. § 943.059.
Does reckless driving create a criminal record?
Yes. Reckless driving is a criminal traffic offense under F.S. § 316.192.
