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Will a non-DUI related Reckless Driving conviction stay on my Abstract of Driving Record in Washington State for life?
Anonymous2 views5 answers
I was convicted of Reckless driving in 2008 (it occurred in 2006) and I have read mixed info regarding my driving record. This was not a reduced DUI charge. I thought I read that items have a 5 year record, but also read some (DUI) will stay forever. What about other Reckless convictions? If I have the conviction vacated, does that not help me either? How screwed am I on EVER getting a job requiring driving? Specifically, the Fire Department. Would this show up if I moved to Oregon as well? I'm asking specifically about the Driving Record, not criminal history.
Do not consider this a DUI - and most DMVs/MVAs will keep driving infractions/convictions (non alcohol related) for 3-5 years. DUIs can stay for 10-15. I think your reckless is probably long gone, but the easy way to check is to request a copy of your driving record.
As far as the courts go, a misdemeanor conviction will remain on your record permanently unless you have it expunged/dismissed. This may be something you can accomplish on your own or may require the assistance of an attorney.
Here is the link to the State of Washington Office of licensing. http://www.dol.wa.gov/driverslicense/drivingrecord.html
You can request a copy of your record here. Keep in mind, some state boards may be able to pull a more extensive record, such as the court records in the county where you were actually cited, and the charge may show up there even though not on your driving record.
Yes, reckless driving convictions are vacatable. Once vacated, you can legally state you were NEVER convicted of the offense and the WSP will not report the info on background checks. Enough time has lapsed to do it now if you are otherwise eligible. Once vacated it won't show up at all as the WSP reports it to the FBI. BUT! A driving record is different than a criminal record. The department of licensing may continue to report negative data even if the WSP doesn't. If it was '08 it shouldn't be on a 5 yr DOL record, regardless. One of us here can probably help you for low flat fee.
Criminal conviction for Reckless Driving: a non-DUI misdemeanor can be vacated and dismissed if (1) 3 years have elapsed since the case was completely closed, (2) you have no new convictions or pending charges and (3) you have not had any other misdemeanors vacated and expunged.
Driving record: a record of Reckless Driving conviction is kept by DOL for 5 years, the record of the resulting license suspension is kept for 10 years. An employer is entitled to any information that is on your DOL record. Oregon (and all other States) will report out of state convictions. It does appear that Oregon only reports convictions and suspensions for 3 years. I would ask this question in Oregon to make sure (as I am not licensed to practice in Oregon). See the links below.
