Hardship license hearings conducted by the Board of Appeal of the Massachusetts Division of Insurance begin with all witnesses being sworn in and placed under oath. After that, individuals seeking hardship licenses are called one by one to present their cases. You have the right to legal representation, and if you’ve hired an attorney, your lawyer will appear with you and advocate on your behalf before the Board.

The Registry of Motor Vehicles (RMV) is represented by an advocate who presents the Registry’s position and explains why the Board should deny your request for a hardship license. The advocate will outline the reasons your license was suspended and provide the RMV’s justification for opposing reinstatement.

As part of the proceeding, the RMV advocate provides the Board with your Massachusetts Driver History, which lists every recorded event since the day you first became licensed. This includes traffic violations, at-fault accidents, suspensions, revocations, citations, reinstatements, OUI charges, road tests, and automobile law violations. It also contains copies of every letter sent to you by the Registry and details about when and how you were first licensed to operate in Massachusetts.

The Registry’s representative will also provide the Board with your Massachusetts Criminal History (CORI), which includes every criminal charge, court appearance, and conviction on record. Your CORI may also list any G.L. c. 209A restraining orders, whether active or inactive.

When appearing before the Board of Appeal, you must be prepared to explain entries on both your driving and criminal records—even those unrelated to alcohol or driving offenses. For instance:

• A disorderly conduct or domestic abuse charge involving alcohol may cause the Board to question your sobriety.

• A leaving the scene of an accident charge might raise concerns that alcohol was a factor, even if no OUI charge was filed.

• Repeated operating after suspension offenses may be viewed by some Board members as evidence of disregard for the law, even if the charges were dismissed or resulted in a not guilty finding.

To avoid surprises, carefully review your driving and criminal records with your attorney before your hearing.

The information the RMV provides to the Board is not limited to Massachusetts records. The Registry has computerized access to DMV databases in other states and may discover out-of-state offenses that get added to your Massachusetts record. Be prepared to address any such findings during your hearing.

In some cases, the RMV may also obtain documents from Massachusetts Trial Court files, including court dockets, police reports, probation conditions, and criminal case abstracts. If anything in these files could negatively impact your case, discuss it with your attorney before the hearing. For example:

• In immediate threat suspensions, the RMV will provide the Board with a copy of the police report.

• In license fraud cases, the Board will receive a report from the RMV’s Special Investigations Unit, and your attorney must be prepared to clearly explain the situation.

As you can see, the Board of Appeal reviews a substantial amount of information in addition to the evidence you and your lawyer present. To give yourself the best chance at a favorable outcome, be honest, prepared, and proactive in addressing any potential issues before your hearing.