What penalties can apply if an expired tag is charged criminally in Florida?

If filed as a misdemeanor, penalties can include mandatory court appearances, probation, fines, and a criminal record if the case ends in a conviction.

Can an expired tag charge give me a criminal record?

Yes. If the case results in a misdemeanor conviction, it can appear on your record. The defense strategy often focuses on dismissal, reduction, or a resolution that avoids a conviction.

What are common defenses to an expired tag or registration charge?

Common defenses include DMV or clerical errors, lack of notice or confusion, proof the driver was not the registrant, and evidence that the registration was corrected quickly.

If I fix the registration, will the expired tag charge be dismissed?

Not automatically, but proof of correction is often strong leverage for dismissal, reduction to a civil infraction, or other non-criminal outcomes depending on the facts and record.

You are here: Home > Traffic Crimes > 🚗 Expired Tag or Registration in Florida: When It Becomes a Criminal Charge

🚗 Expired Tag or Registration in Florida: When It Becomes a Criminal Charge

Q: Is driving with an expired tag a crime in Florida?

Often an expired tag is treated as a civil infraction, but in some situations—including repeat or more serious allegations—it can be filed as a misdemeanor criminal traffic offense.

Last updated January 2026

Most drivers assume an expired tag is “just a ticket.” In Florida, that can be true — until it isn’t. Depending on the circumstances and your driving history, an expired registration allegation can be treated as a criminal offense, forcing you into criminal court and risking a permanent record over something that may be fixable.

This page explains when expired tag cases can become criminal, what penalties may apply, and the defenses that often lead to dismissal or reduction.

⚖️ When Is an Expired Tag a Crime in Florida?

Under Florida law, many expired registration violations are handled as civil infractions, especially for first-time offenders. But repeat or more serious expired-registration allegations may be filed as a second-degree misdemeanor.

When prosecutors file it criminally, the case can involve:

mandatory court appearances
probation conditions
fines and costs
and a criminal record if the case ends in a conviction

💥 Possible Penalties for a Criminal Expired Tag Charge

If filed as a misdemeanor, penalties can include:

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

For most people, the long-term damage isn’t jail — it’s the record.

🧠 Why These Cases Show Up in Criminal Court

Expired tag cases often end up in criminal court because they’re discovered during routine stops, and the officer or prosecutor treats the registration history as a “repeat” or “serious” violation.

In South Florida, these cases are commonly filed in the same dockets as other low-level criminal traffic offenses.

🛡️ Defenses to an Expired Tag / Registration Charge

These cases are often defensible, especially when the facts don’t support criminal intent or the situation is quickly corrected.

Common defenses include:

✅ DMV or Clerical Errors

Registration systems are not perfect. Errors, processing delays, and incorrect record entries happen.

✅ Lack of Notice or Confusion

If the driver did not receive renewal notice or was dealing with a recent address or paperwork issue, that context matters.

✅ You Were Not the Registrant

If you were driving a borrowed vehicle, rental car, or business vehicle, liability and proof issues can shift dramatically.

✅ The Issue Was Corrected Quickly

Proof that you renewed promptly is powerful leverage for:

dismissal
reduction to a civil infraction
or other non-criminal resolutions

📉 The Real Risk: A Criminal Record Over a Fixable Problem

A conviction for a misdemeanor traffic offense can:

appear on background checks
affect employment and housing
increase insurance consequences
create long-term headaches out of proportion to the underlying conduct

That’s why these cases should be handled strategically, even when the violation feels minor.

🚦 Where Expired Tag Charges Fit in Florida Traffic Law

Expired registration charges are one of several criminal traffic offenses that are easy to underestimate — and hard to undo once there is a conviction.

👉 Learn more about criminal traffic offenses

❓ FAQs: Expired Tag Charges in Florida

Is driving with an expired tag a crime in Florida?
Often it is treated as a civil infraction, but in some situations — including repeat or more serious allegations — it can be filed as a misdemeanor.

What penalties can apply if it’s charged criminally?
A misdemeanor case can involve court appearances, probation, fines, and a criminal record if convicted.

Can I get a criminal record from an expired tag case?
Yes. If the case ends in a misdemeanor conviction, it can become part of your record. Avoiding conviction is the goal.

What are common defenses to an expired tag charge?
Common defenses include DMV errors, lack of notice or confusion, proof you were not the registrant, and evidence that the registration was corrected quickly.

If I fix the registration, will the charge go away?
Not automatically — but proof of correction is strong leverage for dismissal, reduction, or other non-criminal outcomes depending on the facts and your record