Can You Expunge a Moving Violation From Your Record?

Non moving traffic violations can be expunged from your record. You can also expunge a moving violation from your record. Expungement of record is governed by state law.

Expungement of records refers to the removal of all police and court records from public access. When a record is expunged, it will be sealed and no one will have access to it. It will be treated as confidential. In simple terms, expungement means sealing or destroying of the conviction records. If your application for expungement is allowed, the court will order that all legal records of your arrest or conviction be sealed or erased. Once your record is expunged, it will be like you were never arrested or convicted for the offense.

Moving and Non-Moving Violations

When a vehicle violates a traffic law while in motion, it is referred to as a moving violation. Running a red light or a stop sign, speeding and drunk driving are common examples of moving violations. Non-moving violations such as  parking violations or failing to maintain a vehicle can be expunged in all states. Moving violations can be expunged in most states. However states like Illinois have laws that do not allow expungement of a moving violation.

Procedure

The rules for expungement and eligibility criteria vary from state to state. Generally in all states, if you want to apply for expungement, you must be a first time offender. You cannot file for expungement immediately on your conviction. You must wait for a certain period of time to elapse from the date of your conviction to apply for expungement. This period of time varies from state to state. At the time of filing your expungement petition, you must not have any pending criminal charges. The expungement petition must be filed in the county court. The petition must be made on the standard form. You can collect the standard form from the court clerk. To complete the petition, you will require details about your conviction such as the date of the offense and arrest, case number and conviction date. After you file the petition, it is forwarded to the State Attorney’s office and the police department for their objections. If there are no objections from them to your petition, the court will order expungement of your records. The court will schedule a hearing if there are objections to your petition. You must attend the court of the date of hearing and present your case to the judge.  

Getting Legal Help

If you have a moving violation on your record, consult with a driving law attorney. The attorney can assist you expunge the moving violation from your record. 

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