How To Expunge A Driving Record in Florida

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.

Quick Comparison: Ticket vs. Criminal Charge

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Can You Expunge a Traffic Ticket in Florida?

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.

Examples of Non-Expungeable Traffic Violations:

• Speeding
• Careless driving
• Failure to stop at a stop sign
• Expired registration or license
• Improper lane change

❗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.

What Driving-Related Offenses Can Be Expunged or Sealed?

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, such as speeding or running a red light, do not qualify.

Eligible Criminal Traffic Offenses That Can Be Expunged:

• DUI (driving under the influence)
• Reckless driving
• Driving with a suspended or revoked license (DWLS)
• Racing on a highway
• Leaving the scene of an accident

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).

How To Expunge A Driving Record in Florida?

If your case involved a criminal traffic offense and qualifies, here is the typical process to expunge it:

Step 1: Apply for the Certificate of Eligibility

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:

• Either the court dismissed all charges, or the state dropped all charges.
• Send the application via mail to your State Attorney’s Office if the case involves a criminal traffic charge.

Don’t forget to attach a copy of your official government-issued photo ID when requesting 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 (Driving Under the Influence) convictions are not eligible for expungement.

Step 2: Obtain Your Driving Record

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.

Step 3: Complete the Application

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:

• A Seal for Your Case: An Eligibility Certificate
• An explanation of the ineligibility letter
• A Verification of Eligibility for Case Expungement

Request that your fingerprints be placed on a fingerprint card or on the fingerprint page of the FDLE website by visiting 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.

Step 4: Gather Required Documents

Make sure to obtain the needed documents listed below:

• Florida Department of Law Enforcement application for a certificate of eligibility for sealing (s. 943.059, f.s.) or expunction (s. 943.585, f.s.),
• fingerprints for application for certification of eligibility,
• Petition and Affidavit to Expunge,
• And obtain a copy of your driving record from the Florida Department of Highway Safety and Motor Vehicles (DHSMV)

Step 5: File the Petition

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.

Step 6: Attend the Hearing (if required)

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).

Step 7: Follow-Up and Confirmation

If the judge grants the expungement, the court will order you to expunge your record. After receiving the court order, the relevant authorities will ensure that your record is removed from their files. Consult your expungement attorneys for follow-ups. And that is your answer to “How to clear my driving record in Florida.”

What You Can Do About a Traffic Ticket 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.

1. Contest the Ticket in Court

Request a hearing within 30 days. If dismissed, the ticket won’t appear on your record, and no points are added.

• Best for technical errors or valid defenses
• Prevents license points and insurance increases

2. Elect Traffic School

Eligible drivers can take a Basic Driver Improvement course to avoid points.

• Allowed once every 12 months (max five times)
• Keeps points off your record and protects your insurance rate

3. Hire a Traffic Attorney

Legal representation improves your chances of dismissal or a downgrade to a non-moving violation.

• Ideal for high-speed or multiple offenses
• Helps avoid suspensions and financial penalties

4. Request Withhold of Adjudication

If granted, no points are assessed, even if you plead no contest.

• The ticket remains on your record
• Still avoids the point-related penalties

Note: Accumulating 12+ points in 12 months can trigger license suspension. Even one ticket can raise your insurance for years.

How Far Back Do Driving Records Go in Florida?

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.

Can You Remove Points From Your License in Florida?

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.

Can I Check My Florida Driving Record Online?

Check your records online by purchasing a record from 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