How to Access Massachusetts DWI and Driving Records

In Massachusetts, drunk driving laws are referred as Operating Under Influence or OUI. So, Massachusetts DWI laws, Massachusetts OUI laws and Melanie’s laws are the same.

Though known by many names, penalties for drunk driving are quite harsh in Massachusetts. They include license points, revocation or suspension of license for a year, fine of $500 to $5,000, and incarceration for a maximum of 18 months.

These penalties are for the first time offenders only. As you re-offend, they get worse. The first two offenses are misdemeanors and subsequent repeat offenses are considered felonies. Apart from these, there are additional costs like towing, court fees, license reinstatement, bail, insurance surcharge, etc. And monetary tolls are not all. This is added to your criminal record and becomes a permanent part of your driving record.

A blemish in your driving history or your name entered in the criminal database of the state can sometimes cost you dearly. Expensive insurance policies, a good job, your dream house and many more than you could have imagined before sitting in driver’s seat while intoxicated.

Your driving record can be accessed by anyone who has your Social Security number. So, the insurance companies, employers and landlords can check your driving record or criminal background before doing business with you. In Massachusetts, the state decides the rate of auto insurance so a driver with a poor driving history is mandated to pay high premiums. Poor driving history means the driving record with traffic violations and OUI convictions. 

Accessing Your Driving Records

You may need your driving record for different reasons: to know premiums you need to pay, whether you are eligible for a job with a DWI conviction record or is there is any discrepancy in the record. So, there are provisions to order for your record. This facility is not available online.

Request your driving record over the phone, in person, or via the postal service. To request over phone, call the Registry of Motor Vehicles office or RMV, the agency responsible for maintenance of your driving records. If your area code is 339, 617, 781 or 857, or if you are calling from a different state, call (617) 351-4500. If your area code is 351, 413, 508, 774, or 978, you can dial (800) 351-4500. Out of state callers cannot use this number. For hearing impaired callers from the state, phone numbers are (877) RMV-TTDD and (877) 768-8833. Phones are answered on weekdays from 9 a.m. to 5 p.m. and unavailable on public holidays.

If you want your Massachusetts DWI record in person, go to your nearest RMV office.

If you send your request through the mail, fill out a request form. This form can be downloaded online from http://www.mass.gov/rmv/forms/21080.pdf. You will have to fill out the form and send it to:

Attn: Mail Listings
Registry of Motor Vehicles
Driver Control Unit
P.O. Box 55896
Boston, MA 02205-5896

Cost for Driving Records

To get the copy of your records, you will need to pay $20. If you have requested for the copies over the phone, the transaction would be done through Visa, Master or Discover cards. If the request has been made in person, you will need to pay in check, cash or money order. For postal mail, only check and money order is accepted. If you want a notarized copy of the record, then the request can be made through mail only. And don’t forget to mention that you are looking for a certified copy.

Expungement of Records

In Massachusetts, misdemeanor crimes can be expunged ten years after the completion of sentence. For a felony offense, the waiting period is 15 years. If you want to seal your criminal record under this law, then you will need to download a form from http://www.masslegalhelp.org/cori/forms-and-letters/petition-to-seal-conviction-aged-out-cases.pdf. This form is called petition to seal.

If your case had been dismissed due to the lack of probable cause or if the prosecuting attorney decided not to prosecute, you will need to get the form for petition to seal from the District Court where your case was heard, fill it out and submit it to the clerk. A hearing will be held in response to your petition. You can argue yourself or if you have means you can hire a lawyer with the sound knowledge of OUI of your jurisdiction. If your petition is approved you will be notified in ten days. If not, then talk to the court clerk.

Filing a petition does not necessarily mean that your record would be sealed. It is upon the discretion of the judge. Also, sealing a record does not mean that the record will disappear. It will show up in the searches but as sealed document. To some employers, it is as good as an open record because in this case they cannot know what the offense was. If you have managed to get a pardon, then the possibilities of getting approval for the expungement become relatively stronger.

There is a myth concerning juvenile records that they get sealed or expunged automatically once the offender turns adult. As a matter of fact, it has to be sealed after three years of completing the sentence. Once sealed, its access is restricted to police or the court. However, not any juvenile record can be sealed in Massachusetts.