Q: I received a ticket for no insurance almost 3 years ago because I didn't have have my updated card. A few days after, I
brought in my proof of insurance and was told the ticket would be dropped from my record. I had also received a speeding ticket at the same time that I paid when bringing my insurance card in. I just did a records search on my name and found that both the speeding and uninsured tickets are listed. When I click on the case number it shows the insurance ticket case closed and dismissed, but am I able to have that removed completely since I provided proof that I was insured at the time of the ticket?
A:
No, you cannot have that documentation removed from your record. Understand though that to all eyes that view these records, they understand what that means. The principle purpose of the record that it was dismissed and closed is to show that you were issued a ticket and that the case against you was dropped.
Think of it much the same way you would a returned piece of unopened merchandise. When you return it, you are given a receipt and they produce records that a sale occurred. Even though at the end of the day everyone ended up with their respective property back in exactly the same condition, there still is a record that a sale occurred (receipt). In much the same way, the clerk's office has, by virtue of the officer's ticket, a record of you having a case there. To clear up the system and ensure that in the future the case remains closed, they keep a record that it did happen and that it was dismissed.
As far as record keeping, the secretary of state ONLY records convictions and supervisions on publicly available records. They keep records of dismissals on their internal records only accessible to employees of the secretary of state. Even as a traffic attorney with our client's permission, we cannot access these records closed to the public.
Hope that helps!
Jason A. Wilkins
Attorney at Law
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