Do Infractions Go on Your Record and for How Long?
Learn how different types of infractions are recorded, how long they stay on file, and who can access this information over time.
Receiving a citation for a minor offense, like jaywalking or failing to yield, can raise questions about potential long-term consequences. Understanding whether these infractions appear on official records, and for how long, is relevant for situations involving background checks, insurance rates, or employment applications.
Distinction Between Traffic and Non-Traffic Infractions
Infractions are the least serious category of legal offenses, sometimes called petty offenses or violations.1Nolo. Crime Classifications: Felony, Misdemeanor, and Infraction They are acts prohibited by law but are distinct from misdemeanors or felonies. Typically, infractions result in fines and do not carry the possibility of jail time.
A key distinction exists between traffic and non-traffic infractions. Traffic infractions involve violations of motor vehicle laws, such as speeding, running a red light, or driving with expired registration.2Nolo. Traffic Offense Classifications These are outlined in state vehicle codes. Some jurisdictions differentiate further between moving violations (like speeding) and non-moving violations (like parking illegally or having a broken taillight).
Non-traffic infractions cover minor violations unrelated to operating a vehicle. Common examples include jaywalking, littering, violating noise ordinances, or fishing without a license. These usually pertain to local ordinances or state codes governing public order, safety, or administrative rules, rather than road conduct. The context determines the classification: traffic infractions relate to vehicle operation, while non-traffic infractions concern other minor breaches of law.
Appearance on Driving or Criminal Records
When a driver is found responsible for a traffic infraction, the court typically reports this to the state’s licensing agency, such as the Department of Motor Vehicles (DMV). As a result, the traffic infraction usually appears on the individual’s official driving record. This record documents a driver’s history of violations, collisions, and administrative actions like license suspensions.
The inclusion of a traffic infraction on a driving record follows a finding of responsibility, which can occur after paying the fine or being found responsible in court. Driving records are maintained by the state licensing authority and primarily list offenses related to vehicle operation, including the violation type, date, and any associated points under a state’s system. Insurance companies and employers, especially for driving positions, frequently consult these records.
Infractions, however, are generally classified as non-criminal offenses. Because they are less serious than misdemeanors or felonies and typically do not involve potential jail time, infractions usually do not appear on an individual’s criminal record.3Lumen Learning. Classification of Crimes Criminal records document arrests and convictions for more serious offenses. While a traffic infraction will likely be noted on a driving record, it generally will not create a criminal record entry. Non-traffic infractions typically do not appear on either driving or criminal records, although specific local or state practices may vary.
Time on Official Records
The duration a traffic infraction remains on an official driving record varies by jurisdiction and the violation’s severity. State licensing agencies maintain these records according to retention schedules set by law or regulation. For common moving violations like speeding, the record might stay for three to five years from the conviction date. Some states offer different versions of driving records, reflecting violations within specific periods, such as three or seven years.
More serious traffic offenses remain on driving records significantly longer. Convictions for reckless driving, driving under the influence (DUI), or violations causing serious injury can persist for ten years or more, sometimes permanently. Violations by commercial driver’s license (CDL) holders often have extended retention periods, potentially up to 55 years or longer for major offenses, due to federal safety regulations.
Many states use a point system where violations add points to a driver’s record, potentially leading to license suspension. These points often expire or cease to count towards suspension after a shorter period, like 18 months to two years, even if the underlying conviction remains on the driving record for its full retention term (e.g., three, five, or ten years).
Public Access to Infraction Records
Access to records detailing infractions depends on the type of record. Court records documenting the legal processing of an infraction are generally public information. However, access to the comprehensive driving record maintained by state licensing agencies is often restricted due to privacy laws.
Driving records fall under the federal Driver’s Privacy Protection Act (DPPA), enacted in 1994.4New York Department of Motor Vehicles. Drivers Privacy Protection Act (DPPA) The DPPA limits the disclosure of personal information like names, addresses, phone numbers, driver identification numbers, and photographs contained in these records. State agencies are generally prohibited from releasing this personal information to the public without the driver’s consent, though exceptions exist for specific permissible uses. These include access by government agencies, courts, law enforcement, insurance companies for underwriting, employers verifying commercial driver information, and entities involved in vehicle safety.5Electronic Privacy Information Center. The Drivers Privacy Protection Act (DPPA) Information about traffic violations and driver status itself is generally not protected personal information under the DPPA, but state laws may offer additional privacy protections.
In contrast, court case files related to infractions are typically public unless sealed by law. The public can often search for and view case details, such as the charge, plea, judgment, and fine, through court clerk offices or online portals. Accessing these records might involve searching by case number or name and may require fees.
Therefore, while the court file for an infraction may be publicly accessible, obtaining a complete driving history from the state licensing agency is restricted by privacy laws like the DPPA. General public access usually requires a formal request demonstrating a permissible use. Entities like insurance companies or employers needing driving information for legitimate purposes typically have established procedures for accessing these records.
