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5/26/2011 11:33:19 AM EDT
My son has a wreck and a speeding ticket on his driving record that are two years old. Very clean since then, no problems.

What we are wanting to do is get a lawyer to go to court and get his record expunged(Is this the right term?) so he can get a promotion and raise at his work. Currently they can't insure him to drive because of his driving record, and it would be a huge help, and a year sooner if the way could be cleared.

Has anyone ever gone thru this, is it possible, and where to go to get the ball rolling? Any help or advice would be greatly appreciated....fullclip
5/26/2011 11:40:31 AM EDT
[#1]
I could be wrong but I think they only will expunge your record if you are not convicted of the charge.
5/26/2011 11:41:10 AM EDT
[#2]
Quoted:
My son has a wreck and a speeding ticket on his driving record that are two years old. Very clean since then, no problems.

What we are wanting to do is get a lawyer to go to court and get his record expunged(Is this the right term?) so he can get a promotion and raise at his work. Currently they can't insure him to drive because of his driving record, and it would be a huge help, and a year sooner if the way could be cleared.

Has anyone ever gone thru this, is it possible, and where to go to get the ball rolling? Any help or advice would be greatly appreciated....fullclip


I am pretty sure you cannot get a driving record maintained by DPS expunged.  Even with criminal cases a conviction cannot be expunged.
5/26/2011 12:03:47 PM EDT
[#3]
First, I would write off to Austin (TX DPS Driver's License Bureau) for an official copy of his driving record. Often, what is on that record and what exists in a person's memory is quite different, sometimes for the good, often for the worse.

Next, I'd contact the court in the jurisdiction where the offenses/convictions occurred and ask to speak to the clerk of the court. Ask what can be done? Did he just pay the tickets and plead no contest? Did he plead not-guilty and then be found guilty at trial?

On the accident, what was the damage level? Was a report filed, or was it blue-formed (self-reported)? Was he at-fault?

Has he had to pay surcharges to the state to keep his license?

Do you really think that if the company knows about his driving as it stands now, then assuming that everything is expunged, finds it clean and clear, then they won't be suspicious?

How old is your son? I'm thinking there is something else going on here, as a TC and a speeding ticket is really not that bad in terms of a driving record, and I wouldn't think that a company liability policy wouldn't deny coverage unless there was something else, maybe not involving your son, was involved.
5/26/2011 12:32:18 PM EDT
[#4]
Convictions can't be expunged.  Short version: expungement is for when you are 1) acquitted of the charge, 2) the state dismisses the charge AND the statute of limitations to refile the case has passed or the DA agrees to not refile the case, or 3) you are pardoned.  Long version: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm
5/26/2011 12:40:00 PM EDT
[#5]
his employer looks at driving record to determine pay raises/promotions?  does his job involve driving?  i know they look at criminal records but never heard of them looking at driving records.
5/26/2011 1:05:38 PM EDT
[#6]
Quoted:
My son has a wreck and a speeding ticket on his driving record that are two years old. Very clean since then, no problems.

What we are wanting to do is get a lawyer to go to court and get his record expunged(Is this the right term?) so he can get a promotion and raise at his work. Currently they can't insure him to drive because of his driving record, and it would be a huge help, and a year sooner if the way could be cleared.

Has anyone ever gone thru this, is it possible, and where to go to get the ball rolling? Any help or advice would be greatly appreciated....fullclip


If he was at fault in that accident and guilty of speeding then there is nothing except time that is going to clear his record.  Those offenses will drop off DPS's records (not completely, they are still there if they really want to go looking) after 3 years.  Insurance companies may keep their records for up to 5 years though, and they do share records about their insureds amongst themselves.

It may $_(< for him now, but part of the punishment of tickets is things like this.
5/26/2011 2:09:54 PM EDT
[#7]
Quoted:
Quoted:
My son has a wreck and a speeding ticket on his driving record that are two years old. Very clean since then, no problems.

What we are wanting to do is get a lawyer to go to court and get his record expunged(Is this the right term?) so he can get a promotion and raise at his work. Currently they can't insure him to drive because of his driving record, and it would be a huge help, and a year sooner if the way could be cleared.

Has anyone ever gone thru this, is it possible, and where to go to get the ball rolling? Any help or advice would be greatly appreciated....fullclip


If he was at fault in that accident and guilty of speeding then there is nothing except time that is going to clear his record.  Those offenses will drop off DPS's records (not completely, they are still there if they really want to go looking) after 3 years.  Insurance companies may keep their records for up to 5 years though, and they do share records about their insureds amongst themselves.

It may $_(< for him now, but part of the punishment of tickets is things like this.


Insurance companies only look back three years, not 5 years...
5/26/2011 5:13:55 PM EDT
[#8]
Thanks for the replies, although it was not what I really wanted to hear.  

The boy works for a business that relies heavily on transportation.  He was hired really young, for their standards, and he is working his way up. Not being able to drive company vehicles cuts into his options, but it will only be a year until his record is clear. Just wanted to try to help him along, he is really a good kid and is working hard to get ahead...fullclip
5/26/2011 5:17:28 PM EDT
[#9]
Quoted:
his employer looks at driving record to determine pay raises/promotions?  does his job involve driving?  i know they look at criminal records but never heard of them looking at driving records.


His next step up will be driving company trucks, and they are really strict on driving records because of insurance costs. Driving is not his principle job, but he has to drive to jobsites to work at times...fullclip