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Remove of Careless and Prohibited Driving Record

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June 17, 2011


A couple of month ago I was cited for Careless and Prohibited Driving, and later I went to court and paid a fine for it. But since then it's prohibiting me from getting good job offers, as I am a delivery guy. Is there any way to expunge my record? What will be the cost?

June 20, 2011


Most traffic tickets are not criminal offense that can be expunged.  However, the following traffic offenses are expungeable as misdemeanors:

(a) The following traffic law violations shall be known as offenses and classified as indicated:
(1) Racing on a public highway — Class A misdemeanor;
(2) Reckless driving — Class B misdemeanor;
(3) Driving with lights off to avoid detection, identification, or apprehension — Class B misdemeanor;
(4) Hazardous driving — Class C misdemeanor;
(5) Leaving the scene of an accident involving property damage only — Class C misdemeanor;
(6) Driving the wrong way on a one-way street — Class C misdemeanor;
(7) Speeding in excess of fifteen miles per hour (15 m.p.h.) over the posted speed limit — Class C misdemeanor;
(8) Using nitrous oxide in a motor vehicle or motorcycle on a street or highway as prohibited under Sec. 27-37-803 — Class C misdemeanor; and
(9) Observing a drag race as a spectator on a public highway — Class B misdemeanor.
(b) More than three (3) violations in a twelve-month period — Class C misdemeanor.

A citation for careless and prohibited driving is not included in this list; but, if you see your offense listed above then you can apply to have it expunged under Act 531.

The costs associated with expunging a record will only be attorneys fees if you choose to hire an attorney.  Attorney's fees usually range from $500 on up.  There are no filing fees with the court, so if you file the petition yourself, there will be no costs.

Rosalyn Watts
Attorney at Law

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