How Long Does a Traffic Infraction Stay on Your Record?
Updated · By the Law Figures editors
General information, not legal advice. Laws differ by state and change, so check the sources below or ask a lawyer licensed in your state before you act. Legal disclaimer
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How long a traffic infraction stays on your record depends on your state, but it stays on your driving record, not your criminal record. Infractions like ordinary speeding or running a stop sign aren't crimes in most states, so they don't show up in criminal background checks. What matters is the driving record your state's motor vehicle agency keeps, the points it assigns, and how long those points count toward a suspension.
Florida's points system shows how this works:
| Florida rule | Points or limit |
|---|---|
| Speeding up to 15 mph over the limit | 3 points |
| Speeding more than 15 mph over | 4 points |
| Reckless driving | 4 points |
| Most other moving violations | 3 points |
| 12 points within 12 months | Suspension up to 30 days |
| 18 points within 18 months | Suspension up to 3 months |
| 24 points within 36 months | Suspension up to 1 year |
From Florida Statutes § 322.27(3), checked November 7, 2026. Other states use different points and windows, and some don't use points at all.
Commercial drivers: serious violations count longer
For commercial license holders, federal rules treat some infractions as "serious traffic violations," including speeding 15 mph or more over the limit, reckless driving, improper lane changes and following too closely. Two serious violations within three years disqualify a commercial driver for 60 days, and three for 120 days. Convictions in a personal vehicle count too if they lead to a license suspension (49 CFR § 383.51, Table 2).
Driving record vs criminal record
| Record | Does an infraction appear? | Who looks at it |
|---|---|---|
| Driving record (motor vehicle agency) | Yes, for a period your state sets | Insurers, employers who hire drivers, the agency |
| Criminal record | No, for a true infraction | Police, courts, many employers |
| Insurance history | Yes; insurers often look back several years | Your insurer |
A misdemeanor traffic offense, such as reckless driving or DUI in most states, is different: it's a crime and can appear on a criminal record. Under federal law, offenses punishable by 5 days or less are infractions (18 U.S.C. § 3559); states set their own categories.
Keeping an infraction off your record
- Ask the court about traffic school or a defensive driving course, which can keep points off in many states.
- Ask about deferral: the ticket is dismissed if you have no new violations for a set time.
- Contest the ticket at a hearing.
- Ask whether the charge can be reduced to a non-moving violation.
- Request your driving record from your state's agency to see what's listed and when it drops off. See also citation vs ticket.