My law office routinely gets inquiries from individuals who are seeking to have Operating Under the Influence charges removed from their records. These charges have prevented them from obtaining employment and passing background checks required to drive for Transportation Network Companies in Massachusetts such as Uber and Lyft.
Unfortunately, the Registry is required to maintain permanent records of DUI convictions and there is absolutely no way to get the RMV to remove a valid Operating Under the Influence conviction from a driving record. Courts, prosecutors, police, probation departments, government agencies, trucking companies, and prospective employers rely on the Registry to provide accurate and complete records. Unlike many other states, Massachusetts has a statutory lifetime look-back period under which all DUI convictions will be maintained, no matter how old and regardless of where the drunk driving offense occurred.
G.L. c. 90 § 30 states, in pertinent part, that “the registrar shall maintain a record of all convictions of persons charged with violations of the laws relating to motor vehicles.” The statute further requires that the records be public and available for inspection by anyone.
It may be possible to have a DUI conviction sealed. However, the sealing statute does not apply to records maintained by the Mass. RMV. These particular records cannot be sealed.
Unless the DUI conviction was erroneously added to your driving record, you cannot have it expunged or removed. Removal of such a conviction or alcohol program assignment from a person’s driving record would allow the motorist to avoid the penalties associated with repeat offenses such as increased license suspensions and mandatory use of an ignition interlock device. This would defeat the purpose of Melanie’s Law, which was to increase penalties for drunk driving.