Serious Traffic Violations Can Haunt Those Looking for Transportation Work
Recently, I spoke with a women who had been trying to find work as a commercial truck driver. For some reason, no one was interested in hiring her.
The woman -- I’ll call her Jenny -- was puzzled. Was it possible that an Illinois DUI case from 1993 was the problem? Jenny couldn’t remember what happened to the case. Granted, it was a long time ago.
The court file revealed that Jenny had been sentenced to six months supervision -- a “deferred” sentence – and successfully completed it. In layperson terms, that meant Jenny did not have a DUI conviction on her record.
Nevertheless, under the Illinois Secretary of State’s (SOS) record retention rules, even when someone receives supervision for a DUI, the infraction remains on someone’s official driving record for life.
I told Jenny that finding work driving a commercial vehicle may not be feasible. Given my knowledge of the transportation industry, even if an employer were willing to give Jenny a shot, the employer’s insurance carrier usually gets the final “vote.” A trucking company can’t hire someone the insurance carrier refuses to insure.
Some Driving Infractions Cast a Long Shadow
Over the past ten years, state legislatures have shown a great willingness to help people who have a criminal background overcome the stigma that often follows them long after their crimes were committed. However, these laws rarely, if ever, address the harm caused by having a record of a serious traffic violation.
In 2017, Illinois enacted legislation that significantly expanded the list of sealable criminal offenses. One category of offenses that remained ineligible for record relief: DUIs.
In fact, as currently written, the expungement/sealing law in Illinois does not authorize the expungement or sealing of any traffic records maintained by the SOS. Thus, if someone petitions to seal or expunge an eligible traffic violation, the only public record removed is the court clerk’s traffic court record.
SOS’s Record Retention Rules in a Nutshell
For record retention purposes, Illinois traffic infractions (following a conviction) fall into three categories: 1) offenses that are never removed; 2) offenses that are removed 10 years after completing a SOS-imposed sanction (e.g., suspension or revocation); and 3) offenses that are removed 4½ years after the conviction.
Only a handful of offenses remain on someone’s driving record for life: DUI (conviction and supervision), reckless homicide, leaving the scene of an accident (where someone has been injured), driving on a suspended or revoked license (when original suspension/revocation resulted from a previous alcohol/drug-related infraction), sex offenses (involving use of a vehicle).
Some of the most common offenses subject to the 10-year record retention period include: using a fictitious/altered/fraudulent driver’s license, fleeing and eluding (misdemeanor or felony), leaving the scene of an accident (property damage), reckless driving, driving with an open bottle of alcohol, driving on a suspended or revoked license, making a false statement to the SOS (e.g., on a driver’s license application), drag racing.
For minor or petty traffic violations (not criminal in nature), the retention period is 4½ years from the date of conviction. Typical violations in this category would include minor moving and speeding infractions.
Should Traffic Violators Receive a Second Chance?
What sets traffic violators apart from people who commit criminal offenses? The short answer: the insurance industry and grass root groups such as Mothers Against Drunk Drivers (MADD).
Still, it is a fair question to ask what practical or public safety reason exists for penalizing a driver for a driving infraction that occurred more than 25 years ago.
Is it possible that the insurance industry (and groups like MADD) could, along with advocates seeking record relief remedies for serious driving violations, sign onto second chance legislation?
After seeing what the Illinois legislature accomplished in 2017 – an expansion of sealing rules I could not have imagined – sometimes the improbable is possible.