Closing a traffic case doesn't mean it disappears from background checks. In Florida, criminal traffic offenses—such as driving with a suspended license, reckless driving, or leaving the scene of an accident—create permanent criminal histories that show up on background checks unless explicitly sealed or expunged. If you received a withhold of adjudication for a criminal traffic offense in Miami-Dade County, you can petition the court to seal your records, hiding them from public view and protecting your employment, housing, and professional licensing opportunities.
Navigating the Miami-Dade court system and the Florida Department of Law Enforcement (FDLE) requires precise adherence to state statutes. This guide breaks down the exact eligibility requirements, paperwork, fingerprinting protocols, and court filing procedures needed to successfully seal your Miami-Dade criminal traffic records without unnecessary delays or costly mistakes.
Determining Eligibility to Seal Your Traffic Record
Before spending money on application fees or fingerprint cards, you must verify that your specific case qualifies for sealing under Florida law. Not all traffic offenses are eligible, and case outcomes dictate whether you can seal or if you must pursue expungement instead.
Civil Infractions Versus Criminal Traffic Offenses
Standard traffic tickets—like speeding or running a red light—are non-criminal civil infractions. These do not create a criminal history and cannot be "sealed" because they are managed through the civil traffic bureau rather than the criminal court division. Conversely, criminal traffic offenses involve misdemeanor or felony charges that result in a permanent criminal record. Only criminal traffic cases can be sealed or expunged.
The Outcome Requirement for Sealing
To qualify for record sealing, your criminal traffic case must have ended with a withhold of adjudication, meaning the judge placed you on probation or ordered alternative penalties without formally convicting you. If the judge entered an adjudication of guilt (a formal conviction), Florida law generally prohibits sealing or expunging that record. If your charges were completely dismissed, dropped, or resulted in an acquittal, you may qualify for an expungement rather than just a seal.
Florida's Once-In-A-Lifetime Rule
Florida law generally restricts individuals to a single court-ordered sealing or expungement over their lifetime. If you have multiple eligible cases across different counties, you must choose carefully which record to address first, as using your single lifetime opportunity on a minor infraction prevents you from clearing a more serious matter later. Furthermore, you cannot have any prior criminal convictions on your record, and you cannot currently be under court supervision or probation.
Step 1: Obtain a Certified Disposition from the Clerk
Your first active step is securing official proof of how your Miami-Dade traffic case concluded.
- Visit the Miami-Dade Clerk of Courts website or head directly to the Richard Gerstein Justice Building located at 1351 NW 12th Street in Miami.
- Request a certified copy of the case disposition. This document details the exact charges filed against you and the final sentence or order entered by the judge.
- Pay any associated copying fees required by the clerk's office. Keep this certified document safe, as you must submit it alongside your state application.
Step 2: Complete the FDLE Application and Fingerprinting
The administrative gatekeeper for all record sealing in Florida is the Florida Department of Law Enforcement (FDLE). You must obtain a Certificate of Eligibility from FDLE before the Miami-Dade court will review your petition.
Completing the Application Form
Download the official application for a Certificate of Eligibility from the FDLE website or request one by contacting their Tallahassee office.
- Fill out the personal identification fields accurately.
- Sign the document in front of a notary public. Unnotarized applications are automatically rejected.
Getting Fingerprinted
You must submit a formal fingerprint card with your application.
- Visit your local police department, sheriff's office, or an authorized Livescan service provider in Miami-Dade County.
- Request a hard-copy fingerprint card or print out the fingerprint page provided in the FDLE packet.
- Ensure the technician fills out your identifying information clearly to prevent processing delays due to smudged or unreadable prints.
Submitting to FDLE
Mail your completed, notarized application packet, the fingerprint card, your certified case disposition from Miami-Dade, and a $75 money order or cashier's check made payable to the Florida Department of Law Enforcement to:
Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Attention: Expunge Section
FDLE processing times typically range between two to four months while they run a statewide and national criminal history check. Once approved, FDLE will mail you an official Certificate of Eligibility.
Step 3: File Your Petition in Miami-Dade County
Once your Certificate of Eligibility arrives, you have a strict 12-month window to file it with the local court before the certificate expires.
- Go to the main Miami-Dade Clerk’s Office at the Richard Gerstein Justice Building (8th Floor). Branch courts do not handle these filings.
- Submit your original Certificate of Eligibility, a completed local petition to seal, and your supporting documents.
- Pay the required local filing fee of $42 (subject to minor statutory adjustments).
- The clerk's office will schedule a court date before a judge and provide you with the exact time and location for your hearing.
Step 4: Attend the Court Hearing
For standard sealing petitions where the state does not object, the court appearance is usually brief and straightforward.
- Dress in professional business attire.
- Arrive early and check in with the courtroom bailiff.
- When your case is called, stand before the judge. The State Attorney's Office will review whether you meet all statutory parameters.
- If everything is in order and no objections are raised, the judge will sign the Order to Seal.
The clerk's office will automatically distribute certified copies of the signed judge's order to the police department, the state attorney, and any other law enforcement agencies involved in your arrest. These agencies must update their databases to restrict public viewing.
Common Mistakes to Avoid
- Failing the Notary Step: Mailing an unnotarized application to FDLE guarantees an immediate rejection and wastes weeks of waiting time.
- Missing the 12-Month Expiration: Your FDLE Certificate of Eligibility expires precisely one year from its issue date. Waiting too long forces you to restart the entire fingerprint and application process.
- Assuming Civil Tickets Matter Here: Trying to submit speeding or parking infractions into this criminal process will result in immediate dismissal by the clerk.
- Neglecting Private Background Databases: Once a court seals your record, government databases comply immediately, but commercial data brokers often take months to sync. You may need to contact private background screening companies directly to request removal updates.
Frequently Asked Questions
Can employers see my sealed Miami-Dade traffic record?
Standard private employers running routine background checks will not see a sealed record. However, certain government agencies, law enforcement departments, financial regulatory bodies, and professional licensing boards retain legal access to view sealed files during specific background investigations.
How long does the entire sealing process take?
From the day you request your initial disposition to the final judge's signature, the process usually takes six to eight months. The vast majority of this timeline is consumed by the backlog and review queue at the FDLE office in Tallahassee.
What happens if my application gets rejected by FDLE?
If FDLE denies your request, they will mail you an explanatory letter detailing why you failed to qualify. Common reasons include an active probation status, an undisclosed past conviction, or submitting an ineligible charge category.
Do I need a lawyer to seal my traffic record?
You are legally permitted to navigate this process pro se (on your own). However, many individuals hire local criminal defense attorneys to handle the paperwork, ensure strict compliance with Florida Statutes Chapter 943, and represent them smoothly at the final court hearing.
