Expunging a Traffic Violation in Maryland
The State of Maryland collects millions of dollars a year from traffic tickets. Drivers may receive citations requesting that they pay a fine when they commit minor and serious violations. Traffic violations in Maryland carry a range of possible penalties. While some violations may be resolved by paying the fine, others may carry the possibility of incarceration and the suspension or revocation of a driver’s license in addition to the fine.
The Maryland Motor Vehicle Administration handles the administrative side of expunging traffic violations from a driver’s record. When the MVA expunges a traffic violation, it refers to the removal of a traffic violation and associated points from an individual’s driving record. This is a separate process from expunging a criminal traffic violation from an individual’s criminal record. Anyone who has been accused of a criminal traffic violation should consult with with Attorney Hillel Traub of The Law Office of Hillel Traub to learn how the two processes can come together and provide a clean slate.
Reasons to Seek an Expungement from the MVA
If you have paid a traffic ticket, your original violation may still be on your driving record. Past traffic tickets can hurt your driving record for a long time if the MVA does not automatically remove them. The violation you paid for could still be making it more difficult to get a job that involves driving for a company. It may even be inflating your monthly insurance payment.
Successfully expunging your traffic violation from your driving record will give you a fresh start with your driver’s license. If your license has been suspended, having the MVA remove the violation that led to the suspension will cancel it, which will give you back your full driving privileges.
Who Can Have a Traffic Violation Expunged?
Generally, those who are eligible for MVA traffic violation expungement will have their violation expunged three years after a conviction. So, if you were convicted of a traffic offense three or more years ago, the MVA should automatically take the offense off your record if:
- You have not been convicted of another traffic violation or criminal offense within the past 3 years
- Your Maryland driver’s license has not been suspended or revoked
- You have not been convicted of or granted Probation Before Judgment for fleeing an accident that caused injury or death, DUI or DWI, or a similar offense
Drivers who meet these qualifications should have their violations purged without needing to appeal to the MVA. Sometimes, however, the MVA fails to expunge the records of qualified drivers. In other scenarios, drivers who do not meet all of the above criteria may still be eligible for expungement and must submit an expungement request to the MVA’s Administrative Adjudication Division. These special circumstances require the expertise of a focused traffic attorney like Hillel Traub. An attorney by your side will help you understand your options for having your record cleared while making the most out of a challenging situation.
Who Is Not Eligible for Expungement
If you have been charged with a traffic violation in Maryland, it is important that you understand if you may not be eligible for expungement after the standard three year period. While there are many situations where you may have your traffic violation expunged, according to Code of Md. Regulations, 11.11.16.03 you may be at risk of not being eligible if you fall under any of these categories. Some examples of those who are not eligible for expungement of a traffic violation in the state of Maryland include:
- Individuals who were involved in a fatal accident and received a “failure to stop at a stop sign” citation
- Individuals who were convicted of driving while intoxicated and received a speeding citation
Additionally, a person may not be eligible for expungement under Maryland law if any of the following apply:
- There is an active or pending suspension of their license
- There is an active or pending revocation of their driver’s license
- There is an active or pending cancellation
- There is an active or pending refusal
- There is currently pending MVA administrative action being taken
- There is currently restriction for the Ignition Interlock Program
If you believe that you may not be eligible for expungement of a traffic violation, it is important that you speak with Attorney Hillel Traub as soon as possible so he may assess the specific details of your case and advise what the best option is in moving forward.
Requesting an Expungement from the MVA
If you have a traffic violation you would like removed from your driving record, don’t lose hope. Hillel Traub of The Law Office of Hillel Traub will review the specific facts of your offense and devise a solution that will work for you. If your violation was also a criminal offense, he can help you seek expungement from the court system so you can also clear your criminal record. Our office has helped people in Baltimore and surrounding areas resolve traffic issues for more than 20 years. As a small firm, we are dedicated to providing personalized legal services for each client.
Having worked as the Assistant Attorney General for the Maryland MVA, attorney Hillel Traub has invaluable experience that will help your case. You may contact our office for a free consultation at (410) 580-1100 or complete our contact form.