EXPUNGEMENT OF MVA RECORD
Expungement means the “clearing” or “erasing” of court or police records, so employers, credit agencies and so forth no longer have access to that information except in certain situations. If you are found not guilty, if charges are dismissed or if you are convicted of an offense, you may be eligible for petition for expungement of records pertaining to that offense through the District Court of Maryland. The Maryland Motor Vehicle Administration (MVA) primarily handles the expungement of traffic tickets and minor driving charges.
What records can be expunged from a Maryland driving record?
What are the procedure(s)?
The procedures for removing (Maryland) Motor Vehicle Administration (hereinafter referred to as “MVA”) records are the same as removing points in Maryland. The MVA has the authority to expunge points and records in increments of three, five and ten years, depending on the nature of the previous violations for which one accumulated points. You may apply for a hearing from the MVA.
According to §16-117.1 of the Maryland Transportation Code, in pertinent part, (b) except as provided in subsection (c) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee’s public driving record, the Administration shall expunge the record if, at the time of application: (1) The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and (2) (i) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’s license never has been suspended or revoked; (ii) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee’s record shows not more than one suspension and no revocations; or (iii) Within the preceding 10 years: 1. The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article; 2. The licensee’s driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and 3. The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations. (c) The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungement has not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based. (d) The Administration shall expunge from its driver record data base the driving record of an individual or a probation before judgment disposition of an individual: (1) Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years; (2) Who has not been convicted of, or been granted probation before judgment for: (i) A violation of § 20-102 of this article; (ii) A violation of § 21-902 of this article; or (iii) A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and (3) Whose license or privilege to drive never has been suspended or revoked.
Maryland Transportation Code §12-111 allows the Administration to keep confidential records over 3/5 years old, so you shouldn’t be able to look at anyone’s driving record more than three years old. In §11-318 insurers are prohibited from discriminating against you for tickets more than three years old.
It is important to note that not all dispositions can be expunged. If you’ve just gotten the ticket, it is in your best interest to hire an attorney that is well versed in expungement matters, so that if you plead to an offense, it can be expunged.
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