MVA Driving Record Expungement

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Automatic Expungement

The Maryland Motor Vehicle Administration (MVA) automatically expunges eligible driving records. Before October 1, 2017, you had to request a driving record expungement, and expungements were not automatic. A driving record expungement removes specific entries from your driving record (including associated points).

Automatic expungement only applies to your driving record. If you have a related court record, learn about expunging your criminal record.

You may be eligible to have your MVA records automatically expunged. This means that you no longer have to apply for the expungement. There is no fee for this automatic expungement. The MVA will expunge the record within 31 days of the record becoming eligible for expungement (last conviction date).

This chart lists the eligibility requirements:

Waiting Period

If your license has:

3 years

after last moving violation conviction date
  • never been suspended for driver safety offense*
  • never been revoked
  • one or more moving violations

5 years

after last moving violation conviction date
  • been suspended once for driver safety offense*
  • never been revoked

10 years

after last moving violation conviction date
  • previously been revoked
  • multiple suspensions for driver safety offense*

*Suspensions for the following reasons are NOT driver related suspensions and become eligible for expungement 1 year after the suspension period ends:

  • Suspension of a minor’s license upon the death of the co-signer
  • Failure to pay Child Support
  • Outstanding arrest warrant
  • Non-payment of a judgment
  • Dispensing motor fuel into a dirt bike in Baltimore City
  • Failure to appear on, failure to comply with, or failure to pay a citation, including citations issued under federal law
  • Possession of alcohol by a minor
  • Failure to pay for motor fuel
  • Improper use of a driver’s license or ID card by a minor to obtain alcohol
  • Rejection by Maryland Auto Insurance (formerly MAIF) / inability to obtain vehicle insurance

Read the Law: Md. Code, Transportation § 16-117.1

Read the Regulation: Code of Maryland Regulations 11.11.16.02

 

Failure to Pay Child Support

On the request of the Child Support Administration (Department of Human Services), the MVA will expunge a record of suspension for failure to pay child support if you are enrolled in and compliant with the Child Support Administration's approved employment program AND:

  • you have not been convicted of driving on a license that was suspended for failure to pay child support; AND
  • you do not have pending charges related to the suspension for failure to pay child support.

Also, if the Child Support Administration notifies the MVA that the information that led to the suspension was inaccurate, the MVA will expunge the record of the suspension for failure to pay child support.

This expungement applies to license suspensions related to child support only.

Read the Law: Md. Code, Transportation § 16-117.1,

 

Not eligible for expungement

Certain records entries are not eligible for expungement. The entire record is not eligible for expungement if the record entry is related to a fatal accident, related to alcohol, or is required for assessment for subsequent offender penalties. Examples are below.

  • If you are involved in a fatal accident and received a “failure to stop at a stop sign” citation, then that failure to stop citation cannot be expunged.
  • If you are convicted of driving while intoxicated and received a speeding citation, then the speeding citation cannot be expunged.

Additionally, an individual is not eligible for expungement if any of the following apply:

  • Active or pending suspension
  • Active or pending revocation
  • Active or pending cancellation
  • Active or pending refusal
  • Pending MVA administrative action
  • Restriction for the Ignition Interlock Program

In addition, the MVA will not expunge certain driving record entries related to commercial driver's license before the expiration of the time they are required to be retained under Maryland and federal laws. The MVA may refuse to expunge a driving record if the MVA determines that you have not driven a motor vehicle on the highways during the particular conviction-free period on which the expungement is based.

Read the Law: Md. Code, Transportation § 16-117.1,  

Read the Regulation: Code of Md. Regulations, 11.11.16.03

 

Correcting Errors

If your driving record contains a record that is eligible for expungement, and it has not been expunged, contact the MVA at:

MDOT MVA
Administrative Adjudication Division
Expungement Unit
6601 Ritchie Highway NE
Glen Burnie, MD 21062

Email Inquiries: MVAAADDRATSDOCS@MDOT.STATE.MD.US
MVA Customer Service Call Center: 1-410-768-7000
TTY/Hearing Impaired: 1-301-729-4563

More information on Driver Record Expungement by Request is available on the MVA's website.

Source
PLL Contributors
Source URL: https://dev.peoples-law.org/mva-driving-record-expungement

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  1. https://dev.peoples-law.org/mva-driving-record-expungement
  2. #automatic
  3. #failuretopaychildsupport
  4. #not-eligible
  5. #correcting
  6. https://www.peoples-law.org/expungement-and-changing-your-criminal-record
  7. http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=16-117.1&ext=html&session=2020RS
  8. https://dsd.maryland.gov/regulations/Pages/11.11.16.02.aspx
  9. http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=16-117.1&ext=html&session=2020RS
  10. http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=16-117.1&ext=html&session=2020RS
  11. https://dsd.maryland.gov/regulations/Pages/11.11.16.03.aspx
  12. https://mva.maryland.gov/locations/Pages/default.aspx
  13. mailto:MVAAADDRATSDOCS@MDOT.STATE.MD.US
  14. https://mva.maryland.gov/about-mva/Pages/info/26100/26100-21T.aspx