Market Trends

Beware of Expunged MVR Records

March 11, 2011

by Mike Antich - Also by this author

By Mike Antich
 
Can violations, such as speeding tickets and DUIs, be expunged from an MVR? The answer is yes, and it is occurring with greater frequency – more so in some jurisdictions than others. For instance, one fleet manager reports, “The most notorious jurisdiction is Puerto Rico.” He cites employees in Puerto Rico who successfully expunged not one, but a series of moving violations from their MVRs. Illinois and Pennsylvania are two states where expungement of driving violation records is also occurring with greater frequency. “We had one employee with a DUI in Illinois who was successful in having it expunged. This was a two-year-old DUI,” said the fleet manager. Another example cited by a fleet manager is: “The prior MVR showed a driver with four speeding tickets, but these violations were expunged from the driver’s record when I ordered a new MVR.”

What is Expungement?
In terms of MVRs, expungement is a legal procedure to remove from view part of an individual’s driving record. In some jurisdictions, expunged records can still be considered by courts in future cases or used by law enforcement and government agencies for limited purposes. This should be of concern to fleet managers. The legal question is whether the prior MVR with the speeding violations or DUI is “discoverable” if there is a future lawsuit. What is your company’s liability exposure by allowing an employee to continue driving for company business after knowing a record was expunged? Legal opinions go both ways. However, if you are a defendant, guess which position the plaintiff’s attorney will argue.  The critical question, explains negligent entrustment defense attorney Rick Alaniz, is to make sure you can demonstrate your “due diligence” in vetting your drivers. “This is one of the areas of the law where the process you use is as important as the actual result,” said Alaniz.

Expungement cases are more frequent with employees who require a commercial driver’s license (CDL). Drivers with prior infractions often hire attorneys to seal or expunge records so they do not appear on an MVR. For instance, the State of Illinois allows, under certain circumstances, the sealing or expungement of parts of the records of a conviction. Sealing a conviction prevents the public, including employers, from gaining access to that record. One CDL driver wrote online: “I had to have a lawyer expunge all my tickets off of my driving record because no company would take me in their CDL training program.”

Although a CDL driver may succeed in expunging his or her records, this violates Federal Motor Carrier Safety Administration (FMCSA) regulations. “The FMCSA has a regulation that requires states to process violations as written, and not allow expunging, masking, deferred judgment, or diversion of violations when it comes to CDL licensed drivers,” said Thomas Bray, transportation editor for J. J. Keller & Associates, Inc. “However, many local courts are not familiar with this rule and still allow the practices of masking, deferring, diverting, and expunging.”

States keep motor vehicle records on all drivers, but the duration of these records vary by state. In general, most states allow convictions of ticketed moving violations to remain on a driver’s history for three, five, seven, or 10 years. “Don’t forget about older MVR records,” said Alaniz. “Expunged records mean that going forward, a driver will have his record clear, but his previous MVR, which you should retain, will show the original violation.”

In most cases, the only way to remove violations from a driving record is by the passage of time. However, each state has a different policy that allows someone to expunge violations from a driving record. Laws and conditions that specify when a record can be sealed or expunged vary by case and by state. In most states, to have a record expunged, it must be a first-time offense, but not always. Most often there is a period before a petition can be made to the courts to have an expungement. To be eligible to dismiss a criminal conviction, probation must be completed, or if no probation was given, all fines and restitution must be resolved. The expungement procedure generally involves a petition to the court, which includes an affidavit and motion seeking the relief, which is reviewed by a judge.

After expungement, the record will not show up on an MVR. The law varies state by state, but generally a prospective employee does not have to disclose an expunged conviction when applying for a job. A person with an expunged criminal conviction can honestly answer “no” when asked if they have any previous convictions. From a legal standpoint, if a record has been expunged, it doesn’t exist.

“However, in most states, nothing prohibits you from asking about expunged records, except California and several other states,” said Alaniz. “If your state allows it, be sure to ask on the employment application if a driver has had anything expunged and, if so, what. Either the driver will admit to the expunged violations, in which case, you now know about it and can deny employment on that basis; or the driver will deny it, which is evidence that he or she lied on the employment application and you can perform due diligence in deciding whether to terminate.”

Let me know what you think.

mike.antich@bobit.com

Comments

  1. 1. Karen [ March 13, 2011 @ 11:35AM ]

    In Florida, you cannot expunge your driver's license record. Even if you are successful at sealing a DUI court and arrest record, for example, you still cannot <a href="http://www.expungerecordflorida.com/expunge-record-free-evaluation">expunge record</a> of the DUI on your license. I think the suggestion at the end of the article solves the problem in other states though, that do allow record expungement of driver records - just ask the question directly so the candidate is either forced to reveal or will lie - either of which can screen the candidate for employment.

  2. 2. Mike B. [ March 18, 2011 @ 05:16PM ]

    One other type of court situation to look out for is "Defered Judgement", this is were the state gives a driver a probationary period, typically one year. If the driver meets the requirements set forth in the Deferred Judgement there is no conviction. If they are a CDL driver, the state must show any suspension of driving privledges. Idaho and Wyoming are two states that judges have this dicression.

  3. 3. Russell [ February 15, 2012 @ 10:55AM ]

    I live in wa. state and anythingthat goes on your mvr can stay on it for 49 years as i was told by dol. My problem is I got a dui almost 7 years ago and I went deferred pros. but everything shows on my mvr, i've got a class a cdl and i've had it for 19 years and it just doesn't seem right , even though i did everything the courts asked of me that it keeps me from getting a job. What do i do, i'll be 45 this year and i've been driving since 1990, i've been unemployed since the end of oct. and starting to lose hope of getting another driving job. tell me who will hire me if i can't get it sealed, its almost 7 years old and it happened in my personal car not a truck.

  4. 4. Shaj [ November 18, 2013 @ 02:56AM ]

    Hey Russell, any luck on a new gig? I am sorta in the same situation as you.

  5. 5. Natalio [ January 26, 2014 @ 09:17PM ]

    Hello, l live in PA and l'm a CDL driver, and l got a DUI, so my questions is: What are my chances of getting my record expunged from my MVR? If not, How can l get it removed/expunged like the driver from Illinois? Thank you for your time.

  6. 6. Natalio [ January 26, 2014 @ 09:17PM ]

    Hello, l live in PA and l'm a CDL driver, and l got a DUI, so my questions is: What are my chances of getting my record expunged from my MVR? If not, How can l get it removed/expunged like the driver from Illinois? Thank you for your time.

  7. 7. Natalio [ January 26, 2014 @ 09:17PM ]

    Hello, l live in PA and l'm a CDL driver, and l got a DUI, so my questions is: What are my chances of getting my record expunged from my MVR? If not, How can l get it removed/expunged like the driver from Illinois? Thank you for your time.

  8. 8. Natalio [ January 26, 2014 @ 09:18PM ]

    Hello, l live in PA and l'm a CDL driver, and l got a DUI, so my questions is: What are my chances of getting my record expunged from my MVR? If not, How can l get it removed/expunged like the driver from Illinois? Thank you for your time.

  9. 9. Natalio [ January 26, 2014 @ 09:18PM ]

    Hello, l live in PA and l'm a CDL driver, and l got a DUI, so my questions is: What are my chances of getting my record expunged from my MVR? If not, How can l get it removed/expunged like the driver from Illinois? Thank you for your time.

  10. 10. Natalio [ January 26, 2014 @ 09:18PM ]

    Hello, l live in PA and l'm a CDL driver, and l got a DUI, so my questions is: What are my chances of getting my record expunged from my MVR? If not, How can l get it removed/expunged like the driver from Illinois? Thank you for your time.

  11. 11. Natalio [ January 26, 2014 @ 09:18PM ]

    Hello, l live in PA and l'm a CDL driver, and l got a DUI, so my questions is: What are my chances of getting my record expunged from my MVR? If not, How can l get it removed/expunged like the driver from Illinois? Thank you for your time.

  12. 12. Natalio [ January 26, 2014 @ 09:18PM ]

    Hello, l live in PA and l'm a CDL driver, and l got a DUI, so my questions is: What are my chances of getting my record expunged from my MVR? If not, How can l get it removed/expunged like the driver from Illinois? Thank you for your time.

  13. 13. wally [ February 15, 2014 @ 03:02PM ]

    It takes 10 yrs in PA,used to be seven but it was extended to 10 two years ago.

  14. 14. Eddie [ June 10, 2014 @ 02:36PM ]

    I got a dui in may 24 2010 in s.c I want 2 know how can I get it expunged off my driver record I can't get back in truck business with it or less it 5 years old

  15. 15. Willie [ February 11, 2015 @ 10:12AM ]

    I have had my cdls for 8 years got a dui in October of 2010 I live in Louisiana have no other tickets of been in any other trouble what is my chances of getting a trucking job again

  16. 16. kyle [ April 09, 2015 @ 02:10PM ]

    I got a speeding ticket in ga November for 25 over but a month after I got it the city raised the speed limit on the road to where it would have been only 14 over I was in the middle of getting my cdls can I get that expunged?

  17. 17. Tyrone Lindsey [ July 06, 2015 @ 12:54PM ]

    How can I get a refusal off

  18. 18. Tyrone Lindsey [ July 06, 2015 @ 12:55PM ]

    How can I get it clear

  19. 19. James brown [ July 21, 2015 @ 01:47PM ]

    I got a reckless driving on my mvr but it's two years old .how can I get it clear from my mvr.please help me someone😊

  20. 20. James brown [ July 21, 2015 @ 01:48PM ]

    Also iam a 9 year CDL holder

  21. 21. Paul [ August 24, 2015 @ 01:54PM ]

    My license has been suspended for a month now ,12 points in a year and put me on sr22, can I expunge and make my record clear again ?

  22. 22. George Grant [ October 20, 2015 @ 07:06PM ]

    I have 4 paid speeding tickets on my MVR, but need at least 2 expunged so I can keep my job. What do I need to do

  23. 23. R.J. Reynolds [ November 10, 2015 @ 03:39PM ]

    I got a Reckless Driving conviction in Virginia in 2013. I'm a Maryland Resident. I'm going to apply to have it removed from my driving record because I now drive for courier outfits and want to get my CDL, Drive a dump truck or maybe drive for Uber. I was going merely 81 in a 70mph zone on I-81 but VA has some of the toughest driving laws in the country. Essentially any speed rate over 80mph qualifies as Reckless and it will ruin your driving career and its a class 1 misdemeanor making it hard for you to get regular jobs. I hope MVA in MD can help me out given that I received the offense out of state.

  24. 24. jos3 [ February 02, 2016 @ 07:01PM ]

    How to get rid of a dwi that is not yours ?

  25. 25. Fred Morgan [ February 12, 2016 @ 10:26AM ]

    I have a class A.license im trying to get my job back have moving violations on my mvr need to have some things removed

  26. 26. ruben [ March 04, 2016 @ 02:34PM ]

    I got my cdl back but can't get a job because I have citations in my MVR wat can I do

  27. 27. Michael [ March 07, 2016 @ 04:06PM ]

    Currently have a CDL running into a lot of problems with getting hired due to speeding tickets on my MVR also huge problems with employers distinguishing what violations are personal vehicle and CDL

  28. 28. david wisdom [ June 28, 2016 @ 07:32PM ]

    i have a tn cdl and had 3 accidents in last yr 1 in my car on ice other 2 in commercial truck 1 rearend at red light the other side swiped a abanded car stickin out in lane of travel know im having trouble leasing on to a co is there anything i can do to have them removed

  29. 29. Nick fisher [ August 07, 2016 @ 06:29PM ]

    I was wonder if i can get a car accidents removed from my mvr i have had 2 totaled accident in the last 2 years but nether were my fault one a animal jumped out in front of me the other was due to weather conditions and hydroplaned but my insurance has skyrocketed to almost 300 dollars for 1 vehicle what can i do

  30. 30. Mark Ramirez [ September 01, 2016 @ 04:47PM ]

    I had a careless driving ticket in 2011bumbed a car at stop sign I'm getting charged outrageous insurance what can I do

  31. 31. Mark Ramirez [ September 01, 2016 @ 04:53PM ]

    I have a careless Driving ticket from2011i bumped into a car at a stop sign how can I clear this off my record insurance company's are sky high can get hired any where what can I do

  32. 32. SHELDON KING [ September 27, 2016 @ 11:32AM ]

    cdl and got speeding ticket now cannot get a job

  33. 33. Mr. Teach [ October 05, 2016 @ 06:59AM ]

    I revived a DUI lasy august on a ATV. I need to get this removed from my MVR for work purposes. i already paid all my fines and did my probation as well and restitution was paid for. this was my first offense and how would i be able to get this removed from my record

  34. 34. Rod free [ October 28, 2016 @ 06:58AM ]

    What do I have to do to start the process of having a citation removed from my MVR and what are the steps

  35. 35. Derrick Johnson [ November 01, 2016 @ 08:41AM ]

    helllo, Pa cdl .. have a carless driving from NJ 8/13 (non commercial veh) and speeding 15 over in MD 8/12 (commerical veh). any way to get one or the other expunged since there old and out of state?

  36. 36. Chris watts jr [ November 09, 2016 @ 02:42PM ]

    I need help getting sum tickets off my mvr. I having a hard time finding a job. And my family is suffering. I'M the only one n my house hold is working and they r depending on me to keep a roof over there heads. Please help me

  37. 37. andrew [ December 02, 2016 @ 01:23PM ]

    Got some tickets blocking me to get hired by some company am cdl driver want to expunged some ticket off my license .

  38. 38. Jerrod. Moorer [ January 27, 2017 @ 11:11AM ]

    Help

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  62. 62. ELLE [ November 27, 2017 @ 07:09AM ]

    Attention
    Here is a good news for those interested. There is away you can earn money without stress contact (MARTINS PEDRO) for a blank [ATM CARD]today and be among the lucky ones who are benefiting from this cards. This PROGRAMMED blank ATM card is capable of hacking into any ATM machine,anywhere in the world. I got my already programmed and blanked ATM card to withdraw the maximum of $10,000 daily for a maximum of 30 days via {martinshackers22@gmail.com}.I am so happy about this because i got mine last week and I have used it to get $140,000.00 MARTINS PEDRO Hackers is giving out the card just to help the poor and needy and he ALSO OFFER FINANCIAL ASSISTANCE. Get yours from MARTINS PEDRO Hackers today. Kindly contact him by Email martinshackers22@gmail.com....

  63. 63. grafftomi [ November 27, 2017 @ 06:11PM ]

    I applied for a house and a car loan about a couple of months ago and it was rejected because my score was in a low 412 with a couple of negative items (including eviction, bankruptcy and a judgment), I was really devastated and perplexed. I ran into an old friend, I explained everything to him and he eventually introduced me to a hacker who happens to be a former FICO agent. Just in 5 days, he had my credit score raised to 788, wiping out the entire negative items with the addition of some good trade lines. I swore to reveal the hacker’s proficiency to the world if he should fix my credit. Well here I am recommending INGRAMSCREDIT@WORKMAIL.COM; (347-480-9812) for your credit report, chexsystem report and DUI cleaning, he is really a specialist. Just email him or text him on the above contact and be happy you did.

  64. 64. anony mous [ November 27, 2017 @ 07:58PM ]

    I went on google in search of how to take off eviction from my public records and most people on different forums kept talking about a professional . and how fast, affordable and reliable he is...I then went ahead, and told him my issues with my records. His response to my mails made me calm and optimistic about the whole thing. I made a down payment for the job and he cleaned my public records in 3 days. What a relief!...Now i don't have to worry anymore and its so amazing. Fix your credit report by contacting his email {spystealth 'dot' org 'at' gmail 'dot' com} and by the time he's done with your job, do not hesitate to spread words about his services to people in need of a professional hacker because i'm very sure you'd be glad you hired him for the job.

  65. 65. ELLE [ November 29, 2017 @ 03:54AM ]

    Attention
    Here is a good news for those interested. There is away you can earn money without stress contact (MARTINS PEDRO) for a blank [ATM CARD]today and be among the lucky ones who are benefiting from this cards. This PROGRAMMED blank ATM card is capable of hacking into any ATM machine,anywhere in the world. I got my already programmed and blanked ATM card to withdraw the maximum of $10,000 daily for a maximum of 30 days via {martinshackers22@gmail.com}.I am so happy about this because i got mine last week and I have used it to get $140,000.00 MARTINS PEDRO Hackers is giving out the card just to help the poor and needy and he ALSO OFFER FINANCIAL ASSISTANCE. Get yours from MARTINS PEDRO Hackers today. Kindly contact him by Email martinshackers22@gmail.com....

  66. 66. ELLE [ November 29, 2017 @ 03:55AM ]

    Attention
    Here is a good news for those interested. There is away you can earn money without stress contact (MARTINS PEDRO) for a blank [ATM CARD]today and be among the lucky ones who are benefiting from this cards. This PROGRAMMED blank ATM card is capable of hacking into any ATM machine,anywhere in the world. I got my already programmed and blanked ATM card to withdraw the maximum of $10,000 daily for a maximum of 30 days via {martinshackers22@gmail.com}.I am so happy about this because i got mine last week and I have used it to get $140,000.00 MARTINS PEDRO Hackers is giving out the card just to help the poor and needy and he ALSO OFFER FINANCIAL ASSISTANCE. Get yours from MARTINS PEDRO Hackers today. Kindly contact him by Email martinshackers22@gmail.com....

  67. 67. barry mark [ November 29, 2017 @ 12:21PM ]

    Do you need the help of a hacker or you feel you want to spy at your spouse, kid, change school grades,etc contact jeajamhacker@gmail.com he is good and very fast...check him out and you wont regret it..i talk with all amount of boldness cause this hacker is a living testimony to my life he has worked for me and believe me i was so impressed with his work...he is cheap and affordable

  68. 68. anony mous [ November 29, 2017 @ 04:07PM ]

    I went on google in search of how to take off eviction from my public records and most people on different forums kept talking about a professional . and how fast, affordable and reliable he is...I then went ahead, and told him my issues with my records. His response to my mails made me calm and optimistic about the whole thing. I made a down payment for the job and he cleaned my public records in 3 days. What a relief!...Now i don't have to worry anymore and its so amazing. Fix your credit report by contacting his email {spystealth 'dot' org 'at' gmail 'dot' com} and by the time he's done with your job, do not hesitate to spread words about his services to people in need of a professional hacker because i'm very sure you'd be glad you hired him for the job.

  69. 69. mathew york [ November 30, 2017 @ 08:32AM ]

    Are you looking for an ethical hacker to help you hack into your spouse phone, change school grade, hack into any kind of database and many more contact jeajamhacker@gmail.com he is good and fast he has also worked for me and i was really happy at the good work....he helped me hack into my spouse phone and under 24 hours he brought me results of my spouse whats-app messages, Facebook, call logs, emails, text messages, deleted text messages and many more and i found out that my spouse was a big time cheat along side am also happy to find out the truth about my spouse thanks to jeajamhacker@gmail.com GOD BLESS him for me..you all can also contact him for help he is cheap and affordable.

  70. 70. blanca nani [ December 01, 2017 @ 06:04AM ]

    Are you welling to know who your spouse really is, if your spouse is cheating or not just contact jeajamhacker@gmail.com he is good at hacking into cell phones,changing school grades and many more this great hacker has also worked for me and i got results of spouse whats-app messages,call logs, text messages, viber,kik, Facebook, emails. deleted text messages and many more this hacker is very fast.cheap and affordable he has never disappointed me for once contact him if you have any form of hacking problem am sure he will help you THANK YOU.

  71. 71. stanley robinson [ December 03, 2017 @ 07:00AM ]

    I read several good reviews on a ethical hacker's good services.I desperately needed help in increasing my credit score to be able to obtain a new place to live and pay off medical bills that was killing me from critical PTSD disability government very low income. I got in touch with him with so much positiveness in my heart and just as I hoped, he got the job done within 58 hours... I'm excited about this because the problems I had due to my low credit score has been a burden on me all this while especially me being a father of two girls. Get in touch with him at spystealth/./org/@/g
    mail/./com. Good luck!

  72. 72. May Maclona [ December 03, 2017 @ 08:48PM ]

    I have been searching for a hacker to help me out with my cheating spouse which i want to have a divorce with him and the court demanded for proof so have been online looking for the best hacker and i was referred to this hacker named jeajamhacker@gmail.com who i contacted for help to hack into my spouse phone and get me results.....it was not up to 24 hours i got results of my spouse whats-app,text,face-book,viber,deleted text message and many more am so happy with (jeajamhacker)behold am now a free woman thanks to this hacker GOD bless him,,if you are also interested in his services you can also contact him he is fast and reliable.

  73. 73. Jonathan [ December 10, 2017 @ 07:48PM ]

    Guys!!! Cybervenom6@gmail.com helped me with my credit score and bank loan. He is fucking legit man. He also helps with change of grades, clearing of criminal records, catching a cheating partner, just contact him and he will help. Thanks to Mary who referred me to him. He is fucking real

  74. 74. anony mous [ December 14, 2017 @ 03:22PM ]

    I went on google in search of how to take off eviction from my public records and most people on different forums kept talking about a professional . and how fast, affordable and reliable he is...I then went ahead, and told him my issues with my records. His response to my mails made me calm and optimistic about the whole thing. I made a down payment for the job and he cleaned my public records in 3 days. What a relief!...Now i don't have to worry anymore and its so amazing. Fix your credit report by contacting his email {spystealth 'dot' org 'at' gmail 'dot' com} and by the time he's done with your job, do not hesitate to spread words about his services to people in need of a professional hacker because i'm very sure you'd be glad you hired him for the job.

  75. 75. hackerscommander [ December 14, 2017 @ 08:53PM ]

    REQUIRE SERVICES OF A PROFESSIONAL HACKER;
    hackerscommander is the lead way to various hacking exploration and I am the master in charge and with me everything is possible, my job is with 100% guarantee and the security of my client is my upmost priority.
    contact me for the following Services:
    University grades changing / Admin(staff) account hack

    -professional hacking into institutional servers
    -keylogging
    -University grades changing / Admin(staff) account hack
    -Access/Password (facebook, instagram, bbm,Skype, snapchat, twitter, badoo, Word Press,zoosk, various blogs, icloud, apple accounts etc.)
    -clearing of criminal records
    -email accounts hack ( gmail,yahoomail,hotmail )
    -breach of web host servers
    -Databases hack
    -Individual computers hack
    -application cracks
    -Burner Numbers hack
    -Tracking of Scammer Accounts
    -Password retrieval to any portal site (Username and password)
    You can reach us anytime via our
    Contact mail:hackerscommander@gmail.com

  76. 76. hackerscommander [ December 14, 2017 @ 09:20PM ]

    REQUIRE SERVICES OF A PROFESSIONAL HACKER;
    hackerscommander is the lead way to various hacking exploration and I am the master in charge and with me everything is possible, my job is with 100% guarantee and the security of my client is my upmost priority.
    contact me for the following Services:
    University grades changing / Admin(staff) account hack

    -professional hacking into institutional servers
    -keylogging
    -University grades changing / Admin(staff) account hack
    -Access/Password (facebook, instagram, bbm,Skype, snapchat, twitter, badoo, Word Press,zoosk, various blogs, icloud, apple accounts etc.)
    -clearing of criminal records
    -email accounts hack ( gmail,yahoomail,hotmail )
    -breach of web host servers
    -Databases hack
    -Individual computers hack
    -application cracks
    -Burner Numbers hack
    -Tracking of Scammer Accounts
    -Password retrieval to any portal site (Username and password)
    You can reach us anytime via our
    Contact mail:hackerscommander@gmail.com

  77. 77. Toni Ingram [ December 15, 2017 @ 05:02AM ]

    The best is yet to come i caught my wife cheating on me with the help of jeajamhacker@gmail.com who i contacted for help hacking into my wife phone and this hacker was of a great help to me he hacked into my wife whats-app messages, call logs, text messages, emails, viber, deleted text messages and all then i found out that my wife was on a dating site though i was so much in pain seeing all her text with the man planing to make arrangement to meet him....i haven't offended my wife in anyway or cheat on her but am happy i found out everything about her phone without touching her phone believe me this hacker is good contact him if you want to find out about your spouse am sure he will help.

  78. 78. Corey Jude [ December 15, 2017 @ 10:27AM ]

    If you’re worried about your bad credit score and need it to be changed asap, I will implore you to contact the God’s eye. He’s the best at handling credit score, report and all. He have access to the 3 credit bureaus. I’ve used him couple times and I can confirm to you he’s legit and a straight forward person that keep to time and all. His services are cheap and affordable. He’s the best. (Godeyeviewhacker (AT) hotmail (DOT) com or 443-338-3730).

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