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Can Reckless Driving Be Expunged in Florida?

As per Florida Statute 316.192, reckless driving involves operating a vehicle with “a willful or wanton disregard for the safety of persons or property.” Any number of driving behaviors can constitute reckless driving. Those might include:

  • Following a vehicle too closely.
  • Intentionally running a red light or other traffic control devices.
  • Weaving in and out of traffic.

Fleeing a law enforcement officer in a motor vehicle is also reckless driving. The offense is generally a second-degree misdemeanor in Florida. Punishable by up to 90 days in jail and a fine of up to $500. Under certain circumstances, reckless driving is a felony.

A closed and dismissed reckless driving charge can get expunged. That includes compliance with all terms and conditions of supervisory court orders. As well as, payment of all fines and costs with successful completion of any probation. The Florida Department of Law Enforcement determines whether a person is eligible to have a charge reckless driving expunged. If a person is eligible. The department will issue a certificate of eligibility for expunction to accompany any actual petition to expunge. A person previously adjudicated guilty of any misdemeanor or a felony crime found to be delinquent as a minor, he or she is not eligible for expunction.

The Clerk of the Circuit Court where the arrest occurred destroys the expunged file. They also delete any pertinent records from the Circuit Court Clerk’s database. In addition, they order the arresting law enforcement agency to destroy its records. The Florida Department of Law Enforcement will still maintain a record of the arrest. It’s likely that the Federal Bureau of Investigation will also retain a record. Take notice the law allows only one criminal record to get expunge in your lifetime. If numerous charges result from your charge of reckless driving. The court may, in its sound discretion, order expunction of more than one charge.

Contact Tampa’s Traffic Ticket Lawyer, RHINO Lawyers

If you received this type of ticket or a careless driving ticket, contact the RHINO Lawyers.
We are a tough, thick-skinned law firm. In fact, we offer a robust approach to traffic ticket defense and all Florida driver’s license issues. Our criminal defense team knows the importance of keeping you in the driver’s seat with a clean driving record. Moving violations can easily result in dramatically increased automobile insurance rates, substantial fines, and even driver’s license suspension. Disputing your citation is your only chance of getting it dismissed, even if you think you are “guilty.”

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