bmv record question

[MikeDamone]

Hey guys, I just pulled my official bmv record. The site says "the bmv only retains supporting documentation for a period of (10) ten years." But when I look at my record, there are things going back to 2001. I don't have any points on my license, but there are some things that will make it difficult for me to get a job in this industry, however they are pretty old. Are these things never going to fall off? I am in Indiana, if that matters. Thanks.

 

[Moot]

Best to check with Indiana. 2001 was a long time ago. Unless the offense carried a felony charge, like vehicular manslaughter, you should be ok being you have no points.

 

[MikeDamone]

No, not vehicular manslaughter. The thing from 2001 was a speeding ticket, im not too worried about that. What worries me is the dui from 2004. I don't understand why its showing up since it said they only support documentation for the last 10 years. I would think dui would be highly frowned upon by a prospective broker and fleet owner. I asked the lady at the bmv and she was clueless. I guess ill have to talk to an attorney or someone at the state level.

 

[TDave]

Being 2004 I wouldn't really worry about it. Its almost 12 years ago and if you don't have anything more recent the better

 

[MikeDamone]

Id still like to have it wiped off. Im going to talk to an attorney this week and see what the deal is.

 

[Ragman]

Id still like to have it wiped off. Im going to talk to an attorney this week and see what the deal is.

 

[Turtle]

The length of time they keep "supporting documentation" generally refers to the time frame in which a past offense will be considered in sentencing (and for Points) for a current offense. Meaning, if you have another DUI today, they will treat you as if it is your first offense and will not consider the one from more than 10 years ago.

In Kentucky it's 5 years (10 for a CDL).

Nevertheless, in Indiana, a DUI stays on your driving (and criminal) record forever.

Carriers are mostly concerned with your driving history over the last 3 years, though. And with felony convictions in the last 10. So, like others have said, a DUI from more than 10 years ago is unlikely to be a problem.

On a separate but not altogether unrelated topic, how many days past 21 years old were you when this happened?

 

[Moot]

Id still like to have it wiped off. Im going to talk to an attorney this week and see what the deal is.

Instead of talking to an attorney you should talk to your Grandfather Vic. Old Vic might still have some juice with the Genovese Family and they could get things fixed. Failing that he could always sing a song.

 

[tseders93]

I'm just here to appreciate you having Rick as your profile picture.

 

[MikeDamone]

The length of time they keep "supporting documentation" generally refers to the time frame in which a past offense will be considered in sentencing (and for Points) for a current offense. Meaning, if you have another DUI today, they will treat you as if it is your first offense and will not consider the one from now than 10 years ago.

In Kentucky it's 5 years (10 for a CDL).

Nevertheless, in Indiana, a DUI stays on your driving (and criminal) record forever.

Carriers are mostly concerned with your driving history over the last 3 years, though. And with felony convictions in the last 10. So, like others have said, a DUI from more than 10 years ago is unlikely to be a problem.

On a separate but not altogether unrelated topic, how many days past 21 years old were you when this happened?

Well im elligable for criminal record expungement in August, and if all goes well I will no longer have a criminal record.

As far as the dui, I wasent entirely forth coming, as im embarrassed about the reality of it. The dui from 2004 I was 19, one in 2006 I was 21, then another in 2008 I was 23. The one from '08 was a felony since it was 3 within 5 years, however after expungement I will no longer be a felon. But I assume the 3 duis will still show up on a mvr search. And that's what im worried about. I would think the chances of someone working with me would be slim to none if they see that.

I know this looks really bad, but I was young and dumb and hitting the bars a lot. Im not trying to make excuses, but im much older and more responsible now. A record like that makes me look like an alcoholic, but I hate the bar scene anymore, and I rarely even drink. I just live a fairly quiet and boring life.

So that's why im worried about my driving record.

 

[Turtle]

Good thing Indiana passed that new expungement law a couple of years ago, allowing it, huh. If I recall, you can only have your record expunged one time. You can have several convictions expunged at once, but you can't have one expunged now and then another one a few years down the road. If that's the case, then you may want to get rid of 2004 and 2006 at the same time. You may already know that, which is where "August" comes into play.

Even if you get those expunged, the one in 08 could still be problem until 2018. Possibly. Some carriers will only concern themselves with 3 years, others may go 5 or 10 depending. That's one to ask JohnMueller about.

I well remember Young and Stupid. We all do. In 1992 when I was a relatively young 35, and absolutely stupid, I got 3 speeding tickets in one day. In two hours.

The next week I traded in my cherry red vroom-vroooom Camaro for a beige Dodge soccer mommy van complete with fake wood side paneling and the only speeding ticket I've gotten since then was in a speed trap in the Oklahoma Panhandle 5 years ago.

 

[tseders93]

Illinois we have "court supervision" which is basically, if you don't screw up for a year, the ticket won't show up on your record.

And due to the "I don't recall" thing in court, I managed to slip out of having two speeding tickets within 1 year.

Randolph county in IL doesn't report to anywhere and hireright didn't find a trespassing charge that I had forgotten about until they uncovered something in the old lady's report (when applying for a pizza delivery job).

As far as any company i've worked for knows, my record is spotless.

 

[MikeDamone]

Good thing Indiana passed that new expungement law a couple of years ago, allowing it, huh. If I recall, you can only have your record expunged one time. You can have several convictions expunged at once, but you can't have one expunged now and then another one a few years down the road. If that's the case, then you may want to get rid of 2004 and 2006 at the same time. You may already know that, which is where "August" comes into play.

Even if you get those expunged, the one in 08 could still be problem until 2018. Possibly. Some carriers will only concern themselves with 3 years, others may go 5 or 10 depending. That's one to ask JohnMueller about.

I well remember Young and Stupid. We all do. In 1992 when I was a relatively young 35, and absolutely stupid, I got 3 speeding tickets in one day. In two hours.

The next week I traded in my cherry red vroom-vroooom Camaro for a beige Dodge soccer mommy van complete with fake wood side paneling and the only speeding ticket I've gotten since then was in a speed trap in the Oklahoma Panhandle 5 years ago.

Ive already spoken to my lawyer about it. It has to be 8 years since your last conviction, which will be in August. If that goes smooth ( which I suspect it will ) my criminal record will be completely clear. But criminal record expungement doesn't cover the motor vehicle record. It makes for a strange situation, because if an employer asks if ive ever been convicted of a crime, I can legally say "no". They are not allowed to ask if ive ever had an expungement. However, if they pull my mvr, they can still see the dui's. Im going to talk to an attorney this week to see how I may go about handling that. Mabye theirs nothing I can do about it and I just have to hope a fleet owner or broker will see they are all somewhat old and be willing to give me a shot.

3 tickets in one day, lol. 1992 and a Camaro, im guessing an Lt1? That was the "it" engine back in the 90s. Of course now days v6s getting 25 mpg are making over 300 horse power, but back in the day, the Lt1 was where it was at.

 

[TDave]

Why not talk to a recruiter at a carrier? They probably will tell you if it matters or not.

 

[Turtle]

Mine was a 1984 relatively Plain Jane 6-cylinder 5-speed. Red, with black interior. Red is not a good color for a sports car. When I bought it, everyone said I'd get a lot of speeding tickets I laughed in their faces. Then I got one ticket a year, every year, until The Incident. Then everyone said I told you so.

 

[MikeDamone]

Why not talk to a recruiter at a carrier? They probably will tell you if it matters or not.

I was trying to get some info on how long things stayed on your driving record, which I now know is forever. But yeah, im going to talk to a recruiter. I plan on going to the expo in July, im sure ill talk to some guys there.

 

[Mdbtyhtr]

That is a good law. I do security clearance investigations and will offer the following: When the question is "Have you ever..." Then answer truthfully because falsification can be grounds for not hiring/dismissal. When records are expunged, that should include all record repositories, to include DMV by court order. The fallacy is that LE reports statistical information to Federal repositories and the information is still available, but may be partially redacted. Most states will not expunge a felony conviction, and they purge misdemeanors at 10 years of age. You can always defend the truth, but when you are caught being less than truthful, well you understand.

 

[ttruck]

Id still like to have it wiped off. Im going to talk to an attorney this week and see what the deal is.

my shows from 91 open container never ever get questions.

 

[OntarioVanMan]

Well im elligable for criminal record expungement in August, and if all goes well I will no longer have a criminal record.

As far as the dui, I wasent entirely forth coming, as im embarrassed about the reality of it. The dui from 2004 I was 19, one in 2006 I was 21, then another in 2008 I was 23. The one from '08 was a felony since it was 3 within 5 years, however after expungement I will no longer be a felon. But I assume the 3 duis will still show up on a mvr search. And that's what im worried about. I would think the chances of someone working with me would be slim to none if they see that.

I know this looks really bad, but I was young and dumb and hitting the bars a lot. Im not trying to make excuses, but im much older and more responsible now. A record like that makes me look like an alcoholic, but I hate the bar scene anymore, and I rarely even drink. I just live a fairly quiet and boring life.

So that's why im worried about my driving record.

Good thing you didn't live in Canada three DUIs will get you prison and a permanent loss of your license

 

[MikeDamone]

ouch