SPRING 2011

TRAFFIC LAW NEWSLETTER

 

Driving Record Cleanup

My office has helped many hundreds of people avoid points on their driving record through plea negotiations with the prosecuting attorney. The two most typical ways this is accomplished is 1) by having the ticket amended to a non-moving violation, or 2) a suspended imposition of sentence. When a ticket is amended to a non-moving violation, the driver pays fines and court costs and the case is over. Where the court suspends imposition of sentence, the driver pays court costs and sometimes is placed on unsupervised probation. Occasionally, the driver is required to take a driving class such as Defensive Driving Course or Young Traffic Offenders Program.

Although in most situations I can help my clients keep points off their driving record, what can be done for old traffic cases where you pled guilty without an attorney? Under Missouri law, points are assessed for moving violations. After three years of driving with no further moving violations, all points assessed are removed. However, the record of the conviction remains on the official driving record indefinitely, and anyone who knows your name, date of birth and driver license number can request a copy of your driving history and convictions. Perhaps most importantly, this information can be accessed by insurance companies when determining rates and coverage.

The State of Missouri allows the removal of certain convictions from the official driving record if the correct procedure is followed. I have helped many of my clients clean up their driving record using this procedure. Not every ticket can be removed , but you may qualify if the following apply:

  • the conviction is more than three (3) years old;
  • did not involve a commercial driver license (CDL) or a commercial motor vehicle ,
  • did not cause a suspension or revocation of your driving privilege, and
  • was not for operating without a valid license, driving while suspended or revoked, leaving the scene of an accident, a felony involving a motor vehicle or an alcohol-related offense .

1 Driving Record Cleanup only removes the record of the conviction from the official driving record maintained by the Missouri Department of Revenue; it does not expunge the underlying conviction.

2 Under some circumstances, convictions involving a commercial driver license (CDL) holder can be removed from the driving record, but different qualifications apply.

3 Missouri law does allow the expungement of a prior driving while intoxicated (DWI) or driving with an excessive blood alcohol content (BAC). In order to qualify, the conviction must be over ten years old, a first offense misdemeanor or ordinance violation, and not a conviction for driving a commercial vehicle while under the influence of alcohol. Furthermore, you must have had no other alcohol-related enforcement contacts since then, cannot possess a commercial driver’s license (CDL) and cannot have had a prior expungement. Finally, no other alcohol-related driving charges or alcohol-related enforcement actions can be pending at the time of the hearing on the application for expungement.