Seal or Expunge a Civil Traffic Infraction?

If you intend to seal or expunge a criminal history record, you should talk with your attorney about including any civil traffic infractions that arose at the same time as the criminal charge.

That way, any civil traffic infraction(s) record can also be removed from the clerk of court website or the driving record.

For example, if you are charged with Driving Under the Influence (DUI), you can seal the record if you receive a withhold of adjudication or expunge the record if the charges were dropped.

At the same time, you can move to seal or expunge any civil traffic infractions that arose during the same incident, such as a citation for speeding or failure to maintain a lane, as long as you were not “adjudicated guilty” of that civil traffic infraction.

If you paid the ticket, then you were adjudicated to be guilty. But if the traffic ticket was “merged and dismissed” or the court withheld adjudication at your request, the traffic citation can typically be included in the seal or expunction as long as you are otherwise eligible.

That way, any civil traffic infractions issued with the DUI citation can be removed from the clerk’s website and the driving record.

Remember that when you apply to the Florida Department of Law Enforcement (FDLE) for the “Certificate of Eligibility,” you cannot include any associated civil traffic citations because the FDLE will only provide a certificate for criminal charges.

But when you are ready to submit the Affidavit, Petition to Seal/Expunge, and Order to the Court, you should include all of the associated civil traffic infractions that arose from the same incident.

Attorney to Seal or Expunge Traffic Crimes in Tampa, FL

The attorneys at Sammis Law Firm are experienced in filing petitions to seal or expunge criminal crimes history records in Tampa, FL,

Our attorneys can help you include any civil traffic infractions in the affidavit, petition, and order so that you get the most significant benefit from sealing or expunging the criminal history record.

We also contact any third-party data mining companies like mugshots[dot]com or arrests[dot]come and their sister companies to make sure they remove your mug shot from their website.

We charge $1,200 to seal or expunge a criminal record throughout Florida, including any court appearance.

The four attorneys at Sammis Law Firm have dealt with these cases for years. Let us put our experience to work for you.

Call 813-250-0500 so we can get started today.

Include the Civil Traffic Infractions in the Case Style

First, include the civil traffic infraction in the style of the Affidavit, Petition to Seal/Expunge, and Order as demonstrated below:

IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CRIMINAL DIVISION 

Include the Civil Infraction in the Body of the Affidavit

In the body of the affidavit to seal or expunge a record, include the civil citation information along with the criminal information as follows:

I, [DEFENDANT’S NAME], am the Defendant/Petitioner in the above-styled cause, and I do hereby swear or affirm that:

1. I fully understand the meaning of all the terms of this affidavit.
2. I have never been adjudicated guilty of a criminal offense or a comparable ordinance violation nor adjudicated delinquent for committing a felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes.
3. I was charged with (criminal charge(s) (Case No.: 20-CT-XXXXXX) and civil traffic citation (Case No.: 20-TR-XXXXXX; Citation No.: XXXXXXX) by the (arresting agency) on (date of arrest). On (date of case resolution, the charge of criminal charge(s) (Case No.: 20-CT-XXXXXX) was (resolution of criminal case) and (civil traffic citation) (Case No.: 20-TR-XXXXXX; Citation No.: XXXXXXX) was (resolution of civil traffic citation).
4. I am eligible for the relief requested, to the best of my knowledge and belief, and do not have any other petition to expunge or seal pending under any law.
5. I have never secured a prior records expunction under any law.
6. My record of arrest for this date has been sealed for at least ten (10) years or an indictment, information, or other charging document filed against me was resolved in accordance with the laws of Florida.

Include the Civil Traffic Infraction in the Petition

You should include the civil traffic infraction in the body of the petition as follows:

The Defendant/Petitioner, [Defendant’s name], by and through the undersigned attorney, petitions this Honorable Court, under Florida Rule of Criminal Procedure 3.692 and Section 943.059, Florida Statutes, to seal all criminal history record information in the custody of any criminal justice agency and the official records of the court concerning the Petitioner’s arrest on (date of arrest), by the (arresting agency) for the charge of (criminal charge(s) (Case No.: 20-CT-XXXXXX) and civil traffic citation (Case No.: 20-TR-XXXXXX; Citation No.: XXXXXXX)  in the above-referenced cases.

In support of this motion, the Defendant/Petitioner makes the following showing:

1. On (date of arrest), the Defendant/Petitioner, a (fe)male, whose date of birth is (date of birth of Defendant), was arrested by the (arresting agency) for the charge of:
   • (criminal charge(s) Case No.: 20-CT-XXXXXX); and
   • civil traffic citation (Case No.: 20-TR-XXXXXX; Citation No.: XXXXXXX).
2.  On (date of case resolution, the charge of criminal charge(s) (Case No.: 20-CT-XXXXXX) was (resolution of criminal case) and (civil traffic citation) (Case No.: 20-TR-XXXXXX; Citation No.: XXXXXXX) was (resolution of civil traffic citation).
3. The Defendant/Petitioner has not been adjudicated guilty of nor adjudicated guilty of committing any of the acts stemming from this arrest or alleged criminal activity.
4. The Defendant/Petitioner has not been previously adjudicated guilty of a criminal offense or a comparable ordinance violation nor adjudicated delinquent for committing a felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes.
5. The Defendant/Petitioner has not secured a prior records expunction or sealing under section 943.0585, or 943.059, Florida Statutes, or any other law, rule, or authority
6. A Certificate of Eligibility for the sealing of this non-judicial criminal history records issued by the Florida Department of Law Enforcement accompanies this petition.

WHEREFORE, the Defendant/Petitioner moves to seal any criminal history records and information and any official court records regarding the Petitioner’s arrest on (date of arrest), by the (arresting agency) for the charge of (criminal charge(s) (Case No.: 20-CT-XXXXXX) and civil traffic citation (Case No.: 20-TR-XXXXXX; Citation No.: XXXXXXX) in the above referenced cases.

Include the Civil Traffic Infraction in the Order

In the body of the Order to Seal / Expunge, be sure to include the civil traffic infraction as well as the criminal case information.

For example:

THIS CAUSE having come to be heard before me this date upon a Petition to Seal records concerning the investigation of the Petitioner’s arrest occurring on (date of arrest), by the (arresting agency) for the charge of (criminal charge(s) (Case No.: 20-CT-XXXXXX) and civil traffic citation (Case No.: 20-TR-XXXXXX; Citation No.: XXXXXXX), and the Court having heard argument of counsel and being otherwise fully advised in the premises, the Court hereby finds the following:

1. The petitioner has never been previously adjudicated guilty of a criminal offense or a comparable ordinance violation nor adjudicated delinquent for committing a felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes.
2. The petitioner was not adjudicated guilty of nor adjudicated delinquent for committing any of the acts stemming from the arrest or criminal activity to which the instant petition pertains.
3. The petitioner has not secured a prior records expunction or sealing.
4. A Certificate of Eligibility issued by the Florida Department of Law Enforcement accompanied the instant petition for sealing of non-judicial criminal history records.

ORDERED AND ADJUDGED that the petition to seal records is hereby granted.  All court records pertaining to the above-styled case shall be sealed in accordance with procedures set forth in Florida Rule of Criminal Procedure 3.692; and it is further

ORDERED AND ADJUDGED that the clerk of this court shall forward a certified copy of this order to the State Attorney, arresting agency, arresting agency’s, I.D. Section, and the Florida Department of Law Enforcement, who will comply with the procedures set forth in section 943.0585, Florida Statutes, and appropriate regulations of the Florida Department of Law Enforcement, and who will further forward a copy of this order to any agency that their records reflect has received the instant criminal history record information; and it is further;

ORDERED AND ADJUDGED that arresting agency, arresting agency’s, I.D. Section, shall seal all information concerning indicia of arrest or criminal history record information regarding the arrest or alleged criminal activity to which this petition pertains in accordance with the procedures set forth in section 943.059, Florida Statutes, and Florida Rule of Criminal Procedures 3.692.

All costs of certified copies involved herein are to be borne by the petitioner.

DONE AND ORDERED in Hillsborough County, Florida, this ___ day of _______________, 2020.

______________________________

The Honorable County Court Judge

Copies furnished to:

Attorney for Defendant/Petitioner

Office of the State Attorney

Arresting Agency’s, I.D. Section

Arresting Agency

Florida Department of Law Enforcement

This article was last updated on Monday, April 24, 2023.