A citation is a formal notice issued by law enforcement for violating rules or laws, such as traffic infractions or minor criminal offenses. While some citations may only result in fines, others can lead to points on your driving record, higher insurance rates, or even criminal charges. Does a citation go on your record? Understanding how long a citation remains on your record is essential for managing its potential consequences and seeking options for removal.
Types of Citations and Their Typical Retention Periods
Traffic Citations
Moving Violations
Moving violations, such as speeding or running a red light, typically stay on your driving record for three to ten years, depending on state laws and the severity of the offense. Many states use a points system, where violations add points to your record. Accumulating too many points within a certain time frame can result in license suspension.
Non-Moving Violations
Non-moving violations, like parking tickets or equipment violations, generally do not affect your driving record. These citations often remain in municipal records for one to three years, mainly for administrative purposes.
Criminal Citations
Misdemeanors
Misdemeanor citations, such as petty theft or disorderly conduct, can stay on your record for several years to a lifetime, depending on state laws and whether the charge resulted in a conviction. If dismissed, they may not appear on background checks, but a court record may still exist.
Felonies
Felony citations typically remain on criminal records permanently unless expunged. Some states allow expungement or sealing after a certain period, but eligibility depends on the nature of the crime and state regulations.
Deferred Adjudication
In some cases, courts offer deferred adjudication, allowing individuals to complete certain conditions (such as community service or probation) in exchange for having the citation removed. Once successfully completed, the citation may not appear on public records.
Other Citations
Municipal Ordinance Violations
Citations for violating local laws, such as noise complaints or building code violations, usually remain on record for one to five years, depending on municipal policies.
Civil Citations
Civil citations, such as those for environmental violations, differ from criminal citations and usually do not appear on background checks. Their retention period varies but is often shorter than five years.
State-Specific Variations in Record Retention
The length of time a citation stays on record depends heavily on state laws. For example:
- California: Moving violations stay on record for three years, while DUIs remain for 10 years.
- Texas: Speeding tickets stay for three years, while criminal citations depend on the severity of the charge.
- New York: Points for traffic violations remain for 18 months, but the actual violation stays on record for four years.
Some states also have laws that allow for expungement or sealing of minor violations after a certain period.
Factors Affecting How Long a Citation Stays on Your Record
Several factors influence how long a citation remains on your record:
- Severity of the Offense: Serious offenses, such as reckless driving, stay on record longer than minor infractions.
- State Laws: Different states have different retention policies.
- Conviction vs. Dismissal: Dismissed citations usually do not remain on record as long as convictions.
- Driving Record Points: Some states remove points earlier than the actual citation.
- Expungement/Sealing: Some records may be expunged or sealed based on eligibility.
How to Find Information About Your Specific Situation
If you’re unsure about your citation’s status, you can check the following sources:
- State Department of Motor Vehicles (DMV): Most DMVs allow online access to driving records.
- State Court Records: Court websites provide information on criminal citations and case statuses.
- Legal Counsel: A lawyer can help determine whether you qualify for expungement of record sealing.
The Impact of Citations Beyond Record Retention
Insurance Rates
Insurance companies track citations separately from state records. Even after a citation is removed from your record, insurance companies may still use it to calculate premiums for three to five years.
Employment
Certain employers, especially those in transportation or security fields, may conduct background checks that reveal past citations. Even expunged records might be visible in certain cases.
Other Consequences
Some citations can impact professional licenses, immigration applications, and other legal matters. For example, repeated driving violations could affect a commercial driver’s license (CDL).
Expungement and Sealing: A Closer Look
Expungement removes a citation from public records, while sealing restricts access to it. Eligibility varies by state, but factors include:
- Type and severity of the offense
- Completion of probation or other conditions
- Passage of a waiting period (often one to five years)
Consulting with a legal professional can help determine whether expungement is an option for you.
The Final Words
A citation’s impact on your record depends on its type, severity, and state laws. While some citations disappear within a few years, others may remain permanently unless expunged. Checking your record through the DMV or court system can help you understand your situation and explore options for clearing your record. Contact the professionals at the Law Office of Heather C. Ford to learn more!
