Does Expungement Remove Offenses from My Driving Record?
When considering expungement of a past arrest, charge, or conviction, it's crucial to understand how different records are maintained and treated. Specifically, criminal records and driving records are managed by separate entities, and the expungement process impacts each record differently.
Understanding Criminal Records!
Expungement is the process of going to court to ask a judge to seal a court record. An expunged record is NOT destroyed. The police, FBI, immigration officers, and other public officials may still see "expunged" court files for certain purposes. In reality, "expunged" files are never destroyed and are merely "sealed" from public view.
A criminal record contains information collected by local, state, and federal law enforcement agencies, including courts and correctional facilities. Generally, this information remains publicly accessible indefinitely unless actively sealed or expunged. Criminal records are maintained by:
- Court systems
- State central repositories for criminal records
- Federal Bureau of Investigation (FBI)
When a criminal record is expunged, all relevant agencies are updated to reflect this relief, removing or sealing these records from public view.
How Driving Records are Managed
Driving records, on the other hand, operate under separate terms. Often, certain less serious driving offenses can be removed from a person’s driving record after a specific time period. However, in some states this is not done automatically, but rather requires a request to remove eligible offenses from one’s driving record. These records are held by Driver and Vehicle Services (DVS) and they typically do not share these records with companies that perform background checks, unless the driver signs a release of information.
But, when a driving-related offense becomes a criminal offense (e.g. DUI, or Driving with a Suspended License) and is classified as a misdemeanor or felony, the more serious offense will result in criminal prosecution or conviction which can lead to future challenges securing employment, housing, and insurance. These offenses are considered criminal in nature and if certain criteria are met, an arrest, charge, or conviction for these offenses can be expunged or sealed like other criminal offenses. However, in many states, like Minnesota, the expungement order from the court will not apply to one’s driving record. In other words, one’s criminal record may be expunged, but their driving record will not be expunged. .Many of the more serious driving offenses can remain on one’s driving record for life. For example, in Minnesota, DUIs, Criminal Vehicular Operations/Homicide, and other serious offenses will always stay on the driving records, because these prior offenses can affect future criminal and administrative penalties.
Expunging Criminal Records vs Expunging Driving Records
When an expungement is granted for a criminal conviction, all records on file with the
- court
- law enforcement agencies
- correctional facilities, or
- other criminal justice agencies
that are related to a person’s
- apprehension
- arrest
- detention
- trial or
- disposition
will be destroyed or sealed from public view.
But, for driving offenses, the driving record may not be sealed or expunged. Why is this, you ask?
The expungement process is handled through the court system and when an expungement is granted, only the records held by the court (judicial branch of government) and other criminal justice agencies (executive branch of government) are sealed. The judge granting does not have the jurisdiction to tell separate agencies, like the DPS, what to do with their records.
If you are receiving criminal record relief for a driving offense, it is important to know that the criminal record will be updated. Your driving record, however, will only be updated based on the terms set by the DPS--which may not happen for months, years, or even ever. The best thing to do is to contact an attorney in the state where your record is and make sure that the attorney is experienced in handling criminal and driving related records.
Can I Expunge My Driving Record Under Minnesota Law?
In Minnesota, certain driving violations are considered criminal offenses. A request can be made to the court to seal any criminal court record, however, the Minnesota Department of Public Safety: Driver Vehicle Services (DVS) is in charge of maintaining driving records.
Given these complexities, particularly regarding managing multiple requests across different agencies, it’s highly recommended to consult with an experienced expungement attorney familiar with criminal and driving record nuances in Minnesota.