One of the new laws that went into effect October 1, 2017 is helping more than 600,000 Maryland drivers expunge their driving records. House Bill 1017 was passed during the 2017 legislative session and allows for automatic expungement of eligible driving records.
The new law eliminates the need for residents to apply for expungement, which is great for those who need to show a clean driving record for work. Even those who are in non-compliance of child support payments may find their records get expunged, as well.
Who is Eligible?
Those drivers who are eligible for expungement will find that the timeframe for it to happen varies based on the driving record. Records will be expunged automatically within 31 days after the last conviction date for drivers who have never had their license suspended for reasons associated with driver safety, have never had their license revoked, or have no moving violations on their record. Drivers who have moving violations, but no revocation or suspension due to driver safety, will find eligible records will be expunged three years after the last moving violation conviction date.
If your license has been suspended only once for reasons related to driver safety, but never revoked, your records will be expunged in five years after the last moving violation conviction date. If you have been suspended multiple times for driver safety or had your license revoked in the past, all eligible record entries will be expunged 10 years after the last violation conviction date, or grant of probation before judgment for a violation that falls under § 20-102 or § 21-902.
Drivers who hold a commercial license are subject to the same requirements as above, as well as § 16-819 of the Transportation Article and Federal Motor Carrier expungement guidelines.
What Constitute Driver Safety Violations
The Maryland Department of Motor Vehicles notes that COMAR 11.11.16 is the section that defines driver safety violations. It is important to note that some violations that do NOT fall under driver safety include:
- Non-payment of child support
- Outstanding arrest warrants
- Use of driver’s license or ID card by minor to obtain alcohol
- Possession of alcohol by a minor
- Non-payment of a judgment
- Failure to pay for motor fuel
- Inability to get vehicle insurance
What is Not Eligible for Expungement
Those with active or pending suspensions, revocations, cancellations, pending administrative actions, or participation in the Ignition Interlock Program are not eligible for expungement. There are also certain circumstances that make specific records ineligible for expungement, even if the driver’s license record meets all the other criteria. Two of these particular scenarios revolve around accidents involving a fatality, or alcohol-related offenses.
Assistance from a Maryland Attorney
If you have been in an injury accident or have criminal charges pending against you as a result of a DUI-related incident, you need to speak with a qualified Maryland accident lawyer and criminal defense attorney. Contact the Law Office of Robert R. Castro, at 301-804-2312 today to schedule a consultation. Let us help protect your rights and your driving record.