Can a Lawyer Clean Your Driving Record for You?

A clean driving record often translates to lower insurance rates and can ease concerns during job searches or other background checks. For drivers with past traffic violations or more serious offenses, the question arises whether these marks can be removed and if legal assistance is beneficial.

This article examines the role lawyers can play in addressing past driving infractions through legal processes aimed at clearing or restricting access to those records.

Lawyer’s Role in Petitioning for Record Relief

Addressing past driving offenses often involves petitioning a court for relief, such as sealing or expunging the record. An attorney experienced in traffic law can manage this process. Their understanding of state-specific laws and court procedures allows them to evaluate a driving history and advise on the viability of seeking relief.

The process typically starts with preparing and filing legal documents. The attorney drafts the petition, ensuring it includes all necessary details about the individual and the offenses in question, supported by relevant documents like driving records or court papers. Accuracy and adherence to court formatting rules are crucial to avoid delays or dismissal.

After preparation, the lawyer files the petition with the appropriate court, pays any required fees (or requests waivers if applicable), and formally notifies relevant parties, like the prosecutor’s office. This notification allows agencies to object to the request.

If the court schedules a hearing, the attorney represents the client, presenting arguments for why relief should be granted based on legal requirements and the interests of justice. They might introduce evidence of rehabilitation or demonstrate the negative impact the record has had. The lawyer also addresses any objections raised, ensuring the client’s case is presented effectively within court rules.

Driving Offenses Potentially Eligible for Removal

Whether a driving offense can be removed from a record depends significantly on the offense’s nature, its severity, and the specific laws of the jurisdiction where it occurred. Generally, less serious infractions have a better chance of removal than severe violations.

Minor traffic violations, like certain speeding tickets or failure to obey a traffic signal, might be eligible for removal after a specific period, provided the individual has maintained a clean record since. Some states allow these minor offenses to be expunged or sealed, sometimes after completing requirements like traffic school or paying fines. However, violations committed while operating a commercial vehicle or by holders of a commercial driver’s license (CDL) are often ineligible.

Certain misdemeanor driving offenses, such as reckless driving (depending on specifics) or driving with a suspended license, could also qualify for record relief. Eligibility usually requires a longer waiting period than minor infractions, often several years after completing the sentence, including probation and payment of fines. Courts may also consider rehabilitation efforts and the record’s impact on the individual’s life.

Serious driving offenses are frequently ineligible for expungement or sealing due to public safety concerns. Convictions for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) are often permanently on the record, especially in cases involving high blood alcohol levels, repeat offenses, or injury. Felony traffic offenses like vehicular homicide or fleeing an officer are typically barred from removal. Many states also prohibit sealing or expunging any violations committed by CDL holders at the time of the offense. Some jurisdictions follow a “unit rule,” meaning if multiple offenses arose from one incident, all must be eligible for relief for any to be cleared, though exceptions sometimes exist for minor violations tied to more serious charges that were dismissed.

Consequences of a Denied Petition

If a court denies a petition to seal or expunge driving offenses, the record remains unchanged and accessible as permitted by law. The offenses will continue to appear on background checks, potentially affecting employment, housing, licensing, and insurance. Courts usually provide reasons for the denial.

Following a denial, the individual generally has the right to appeal to a higher court, arguing that the lower court made a legal error. This involves filing a notice of appeal within a set timeframe and navigating complex legal procedures, potentially including written briefs and oral arguments. The appellate court reviews the decision and can uphold the denial, grant the petition, or send the case back for further review.

If an appeal isn’t pursued or fails, refiling the petition later might be an option. Many jurisdictions require a waiting period, possibly one to three years or more, before reapplying. A successful refiling usually requires demonstrating changed circumstances, such as significant rehabilitation, a change in law, or new evidence addressing the reasons for the initial denial.