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How To Expunge A Driving Record in Florida

David Weisselberger | July 7, 2024

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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 expunging 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 together with the help of a lawyer.

As long as you are not convicted of any traffic violation, you can expunge your driving record in Florida.

Talk to your lawyer to include any civil traffic violations concurrently with the criminal charge if you plan to expunge a criminal record. Consider contacting our best expungement attorney in Florida  or call 1 (866) 372-7335 for free consultation.

How Long Does It Take to Clean Your Driving Record in Florida?

It takes a average five years to clean your driving record in Florida. While more serious violations can take ten to fifteen years. Read this article to learn how to remove a DUI from your driving record

What Are Benefits of Expunging Your Driving Record

The benefits of expunging driving records in Florida include:

  • Improved housing choices
  • Increased employment prospects
  • Cleaner public record

You may protect your reputation in the community by using sealing and expungement.

How To Expunge A Driving Record in Florida?

Learn how to clear your driving record and give yourself a second chance in Florida

Step 1: Determine 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 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.

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 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. 

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 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"

Expunge Your Driving Record With Ease

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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 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

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David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

Trusted process. Proven results.

We have provided more expungements than any other law firm in the state of Florida, but don't just take our word for it.  
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    "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm."
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