PURPOSE: This rule clarifies procedures to be followed for expungement from a Missouri driver record of previously recorded traffic violations or suspensions or revocations of a driving privilege.

1. (1) The Department of Revenue, when otherwise not prohibited by law, may delete from a Missouri driver record a previously recorded traffic conviction, suspension or revocation of a driving privilege if all of the following conditions are met:

   1. (A) The conviction in question occurred more than three (3) years previously, did not involve a commercial driver license (CDL) holder or a commercial motor vehicle, and did not cause a suspension or revocation of the individual’s driving privilege;
   2. (B) The conviction is not for a state violation of “no driver license,” a state violation of “no motorcycle qualified,” a state, county or municipal violation of “driving 12 CSR 10-24

while suspended/revoked,” a state violation of “leaving the scene of an accident,” or a state “felony”;

1. (C) The conviction in question involved a CDL holder or a commercial motor vehicle and the following conditions exist:

   1. 1. Serious traffic violations, as

described in 49 CFR 383.5 and 49 CFR 383.51 occurred more than four (4) years ago and did not cause a suspension, revocation, or disqualification of a driving privilege;

1. 2. Railroad-highway grade crossing vio-

lations, as described in 49 CFR 384.223 and 49 CFR 383.51 occurred more than four (4) years ago and did not cause a suspension, revocation, or disqualification of a driving privilege;

1. 3. Driving while out-of-service traffic

violations, as described in 49 CFR 384.222 and 49 CFR 383.51 occurred more than fifteen (15) years ago;

1. 4. Major traffic violations, as described

in 49 CFR 383.51 occurred more than fiftyfive (55) years ago;

1. 5. All other traffic violations occurred

more than three (3) years ago and did not cause a suspension, revocation, or disqualification of a driving privilege;

1. (D) The conviction did not involve an alcoholor drug-related driving offense or enforcement contact;
2. (E) The suspension or revocation on the driver record was reinstated more than five

1. (5) years previously, did not involve the failure to maintain financial responsibility as provided in section 303.041, RSMo, and did not involve a CDL holder or a commercial motor vehicle violation;

   1. (F) The suspension or revocation on the driver record did not involve an alcoholrelated offense or enforcement contact; except when the offense was committed by a person under the age of twenty-one (21), who had a blood alcohol content of .02 or more and an expungement of the records is provided for in section 302.545, RSMo;
   2. (G) The suspension on the driver record did not involve the theft of motor fuel as provided in section 302.286, RSMo;
   3. (H) The suspension on the driver record was not imposed as a result of a person’s failure to stop before reaching a school bus that was receiving or discharging school children;
   4. (I) The failure to appear suspension involving a CDL holder or commercial motor vehicle was reinstated and no longer supported by any of the violations described in (1)(C)1. through (1)(C)5;
   5. (J) The disqualification on the driver record was reinstated and/or restored and no longer supported by any of the violations described in (1)(C)1. through (1)(C)5;
   6. (K) The driver record does not contain information regarding the mental or physical competence of the individual to retain a drivers license; and
   7. (L) The driver record is not currently under investigation.
2. (2) Items deleted from a driver record pursuant to this rule shall be available to courts, administrative agencies and law enforcement agencies for purposes of prosecution, litigation, sentencing and determination of driving privileges. However, nothing contained in this rule shall be construed to prevent the obtaining of information as specified in section 302.120, RSMo.

AUTHORITY: sections 302.286, 302.304, 302.309 and 303.041, RSMo Supp. 2004, and 49 CFR 384.231(d).* Original rule filed May 27, 1986, effective Aug. 25, 1986. Amended: Filed Sept. 8, 1989, effective Jan. 26, 1990. Amended: Filed Jan. 31, 1992, effective June 25, 1992. Amended: Filed Nov. 4, 1999, effective May 30, 2000. Amended: Filed May 1, 2000, effective Oct. 30, 2000. Amended: Filed Sept. 27, 2001, effective March 30, 2002. Amended: Filed July 22, 2002, effective Jan. 30, 2003. Amended: Filed April 11, 2005, effective Oct. 30, 2005. *Original authority: 302.286, RSMo 2001; 302.304, RSMo 1961, amended 1972, 1973, 1979, 1983, 1984, 1989, 1991, 1996, 1999, 2001, 2002, 2003; 302.309, RSMo 1961, amended 1965, 1967, 1977, 1978, 1983, 1984, 1987, 1989, 1990, 1991, 1993, 1996, 1999, 2001; and 303.041, RSMo 1986, amended 1999, 2000, 2001.