Reckless Driving Conviction Expungement?

Discussion in 'Questions From New Drivers' started by GoatTruckinq, May 26, 2022.

  1. GoatTruckinq

    GoatTruckinq Bobtail Member

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    I have a CDL Class A License in MD, I received a reckless driving ticket in my personal vehicle in the state of Virginia 01/2020 , and been convicted of it on 07/2020 after court. It's been hard finding a job as a company driver because it's on my MVR and mostly every company that I apply for has a no moving violation in the last 3 Years, which I'll have to wait until 07/2023 to get a trucking job again. Is there a way by any chance I can get this expunged before the 3 year wait period? or does anyone know of any trucking companies that will hire me with my reckless driving conviction before the 3rd year?
     
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  3. Hawkeye72

    Hawkeye72 Light Load Member

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    You would have to talk to a lawyer about getting it expunged. Did you get a lawyer to fight it when you got the ticket?

    Chinatown might be able to help.
     
  4. GoatTruckinq

    GoatTruckinq Bobtail Member

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    Yes, I received the ticket In 01/20 went to court for it 09/20 with a lawyer and was still convicted (it wasn't knocked down to a regular ticket) and is on my MVR as a Reckless Driving & Thanks I'll send Chinatown a message
     
  5. wore out

    wore out Numbered Classic

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    You won’t get it expunged I assure you. Once it’s there it’s there with a CDL. The rule makers are making it harder on CDL drivers as we are professionals and should be held to a higher standard yadda yadda. Technically with the new laws against masking a CDL violation they shouldn’t plead down before court either though many counties will. Before court is your only chance of keeping it off your record
     
  6. GoatTruckinq

    GoatTruckinq Bobtail Member

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    Thanks for your reply, I have a (Maryland) license and my state says this

    (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).“)

    &
    Who/What is eligible for expungement?
    For individuals who have never been suspended for reasons related to driver safety+, have never been revoked, and have no moving violations on their records:

    All eligible record entries will be expunged automatically within 31 days after the last conviction date. *

    For individuals who have never been suspended for reasons related to driver safety+ and have never been revoked, but who have moving violations on their records:

    All eligible record entries will be expunged automatically 3 years after the last moving violation conviction date. *

    so basically 3 years with no violation = expunge from my (Maryland) license MVR?
     
  7. Judge

    Judge Road Train Member

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  8. Espressolane

    Espressolane Road Train Member

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    One thing I would consider is not using that attorney again, or recommending them.
     
  9. ZVar

    ZVar Road Train Member

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    And federal law trumps any state law....
    49 CFR § 384.226 - Prohibition on masking convictions.

    § 384.226 Prohibition on masking convictions.
    The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.
     
  10. sevenmph

    sevenmph Road Train Member

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    That's interesting. Always learning something here.
     
  11. wore out

    wore out Numbered Classic

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    True for non CDL holders. Those 3 letters change everything. Do you know how many troopers will write a ticket then tell the driver call the court and do this or that and it won’t go on their record? Only for driver to call and say #### he lied when in truth he is misinformed and doesn’t realize CDL takes any and all help away. Some courts will still work with you in different ways but they are getting fewer and fewer
     
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