Q: I recv'd a ticket then I got another ticket for speeding later. I paid for sup. But my background chk says 2 tickets?
An offer from a job was recanted due to two moving violations in 12 months. How and why is the supervision showing on my record? Is there anything I can do? I explained that I completed my defensive driving course and I only have one ticket. Can I ask judge to remove supervision early in normal Illinois? Can I complain to anyone about this?
A:
The only circumstance I can see for why you have this court supervision appearing on your record is if you have a commercial driver's license or are seeking employment with an agency privy to court purposes abstracts (secretary of state, government agencies, etc).
Commercial driver's licenses don't discriminate between supervisions and convictions because they have to comply with federal regulations for reporting. As a result, commercial drivers who have court supervision have it reported as if it were a conviction. Little can be done to prevent this.
As for the agencies being privy, there are three types of court records: internal, court purposes, and public. Internal records are only seen by secretary of state employees and contain not only all current records but also the original records as they existed before they were updated or changed to reflect amendments to the record. Court purposes are available to the secretary of state, attorneys, prosecutors, police, etc. These include supervisions and convictions for all violations on a person's record, regardless of age. Public records don't contain any supervisions but do include convictions. These are the records available to most people who access your driving records.
As for your defensive driving course, I am unaware of any instance where this would completely remove an offense from your record and they instead offered court supervisions. To clear these offenses up, you would need to seek an attorney's aid to fight the ticket and secure a dismissal. Only tickets within 24 months can be challenged if you appeared or acted on the traffic matter. Another strategy is to secure an amendment of the moving violation to a non-moving violation.
Other than this, I can see of no way to remove the supervisions from your record. Remember, they are there because prosecutors have to have a basis for enforcing the rule that you can only get supervision twice in a 12 month period. As such, they won't make it completely invisible.
Hope that helps!
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