Is driving with an expired tag a crime in Florida?

A first expired tag offense is normally a non-criminal civil infraction in Florida, but a second offense—when the registration has been expired for more than six months—can be charged as a second-degree misdemeanor under Florida Statute 320.07.

What are the penalties for a second expired registration offense in Florida?

A second expired tag offense can result in up to 60 days in jail, up to 6 months of probation, a $500 fine, and a permanent criminal record if convicted.

Can an expired tag offense create a permanent criminal record?

Yes. If you are charged with a second-degree misdemeanor for an expired registration and convicted, the offense becomes part of your permanent criminal record unless it is later sealed or expunged.

What defenses exist for an expired registration charge?

Common defenses include DMV clerical errors, lack of proper notice, recent correction of the registration, not being the vehicle's registrant, or presenting mitigating factors that justify dismissal or diversion.

Will fixing my expired registration make the charge go away?

Not automatically. However, showing that the registration has been corrected can help your attorney negotiate a dismissal, charge reduction, or entry into a diversion program.

You are here: Home > Traffic Crimes > 🚗 Expired Tag or Registration in Florida: What You Need to Know

🚗 Expired Tag or Registration in Florida: What You Need to Know

Last updated November 2025

Most Florida drivers don’t realize that something as simple as an expired vehicle tag can turn into a criminal offense. Under the right circumstances, a routine traffic stop can lead to handcuffs, probation, fines, and a record that follows you for life.

Here’s exactly what Florida law says — and how to protect yourself.

⚖️ What Does Florida Law Say About Expired Tags?

Under Fla. Stat. § 320.07 (expiration of vehicle registration):

A first offense (expired for < 6 months) is normally a non-criminal civil infraction
A second offense, if you’ve gone more than six months with an expired registration, becomes a second-degree misdemeanor

🛑 Potential penalties include:

Up to 60 days in jail
Up to 6 months of probation
Up to $500 in fines
A permanent criminal record if convicted

This is why expired tag stops routinely appear in criminal court dockets — especially in Broward and Miami-Dade.

For other traffic-related criminal offenses, see:
👉 Fort Lauderdale Criminal Defense Attorney

🛡️ Are There Defenses to an Expired Tag Charge?

Absolutely — these cases are very defensible with the right strategy.

Common defenses include:

📋 DMV / clerical errors

Registration systems are not perfect. Sometimes the State’s own records are wrong.

📬 Lack of proper notice

If the State never mailed or delivered proper notice, we can argue insufficient knowledge.

🚙 You were not the registrant

Borrowed vehicles, rental cars, or business vehicles shift liability.

🗂️ You corrected the issue immediately

Judges and prosecutors are often willing to dismiss or divert if you fixed the registration right away.

⚖️ Mitigating factors

We push for:

dismissal,
diversion, or
withhold of adjudication
depending on your record and the facts.

This is especially important if you want to later qualify for record sealing or expungement.

📞 Charged With an Expired Tag in Florida?

If you’ve been accused of driving with an expired tag or registration, don’t risk getting a permanent criminal record over something that may be fixable.

At Michael White, P.A., we help clients in Fort Lauderdale and across South Florida resolve traffic-related criminal charges quickly and affordably.

📲 Call (954) 270-0769 or schedule your consultation online today.

💬 Frequently Asked Questions: Expired Tag Charges in Florida

Q1: Is driving with an expired tag a crime?

Sometimes. A first offense is a civil infraction, but a second offense (expired > 6 months) is a second-degree misdemeanor.

Q2: What are the penalties for a second expired tag offense?

Up to 60 days in jail, 6 months probation, and $500 fines — plus a possible permanent criminal record.

Q3: Can I get a criminal record from an expired tag?

Yes. A misdemeanor conviction becomes part of your permanent record unless it is sealed or expunged (if eligible).

What are the possible defenses?

DMV error, lack of notice, recent purchase, proof of correction, being a non-registrant, or mitigation that leads to dismissal or diversion

If I fix the registration, will the charge go away?

Not automatically — but proof of correction is powerful leverage for dismissal, diversion, or a withhold.