Kara Sears
In the US, personal information tied to driving records is protected by federal law and state-level interpretations of that law. The federal Driver's Privacy Protection Act of 1994 prohibits the disclosure of personal information associated with driver's licenses without the express permission of the subject. However, non-personal information, such as vehicular crash records, driving violations, and driver status, is considered public information and can be requested through various means, depending on the state. Some states, like Massachusetts, allow individuals to request their own driving records, while others, like West Virginia, require additional information such as a driver's license, social security number, and date of birth. Understanding the specific laws and requirements in each state is essential for accessing driving records and related information.
| Characteristics | Values |
|---|---|
| Personal information access | Heavily protected by federal law and state interpretations; requires express permission of the subject |
| Non-personal information access | Publicly available; includes vehicular crash records, driving violations, and driver status information |
| Requesting personal information | Requires a completed request form, with applicable fees ($5 for a computer-generated report, $20 for paper/microfilm copies) |
| Misrepresentation of identity | May result in criminal prosecution, including fines up to $5000 or imprisonment |
| State-specific variations | West Virginia requires a driver's license, social security number, and date of birth for a five-year record; Wisconsin restricts access to personal records; Wyoming has a form with three release options |
| Employer access | Employers can access employee driving records through the Driver Verification Program (DVS) |
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What You'll Learn
Requesting a driving record in Massachusetts
A driving record in Massachusetts offers a complete look at a driver's license holder's driving career in the state. Driving records include criminal and civil driving offenses for which the driver was found guilty or responsible, as well as discretionary and administrative license suspensions.
There are two types of driving records in Massachusetts:
- Unattested Driving Record: This is primarily used for personal or informational purposes. It costs $8.00 and can be accessed online or by mail. To request an unattested driving record online, you will need to submit a completed Request for Personal Information RMV Records form, the applicable fee, and a photocopy of your license/ID. To request by mail, you can complete the Application for Motor Vehicle Records form and mail it with a check or money order to the Registry of Motor Vehicles Court Records Department.
- True and Attested Driving Record: This type of record is used for official and court purposes. It is stamped with the signature of the Registrar of Motor Vehicles and mailed to the record holder's address on file. The cost is $20.00. To request a true and attested driving record, you will need to provide a completed Driving Record Request Form, the applicable fee, and a photocopy of your license/ID.
It is important to note that you can also request a copy of your Massachusetts Criminal Record. Additionally, if you are applying for or attending a Registry of Motor Vehicles or Board of Appeal hearing, it is recommended to request a copy of your record and have it analyzed by a qualified attorney. You can also request a certified driving record when living out of state by changing your mailing address to an out-of-state address on your online account.
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Public vs. personal information in driving records
Driving records contain a lot of personal information, such as a person's full name, date of birth, address, driver's license number, physical description, type of license, and license status. This information is protected by federal law, specifically the Driver's Privacy Protection Act (DPPA) of 1994, which restricts access to and disclosure of personal information associated with driver's licenses. This federal law is further supported by individual state laws.
According to the DPPA, "personal information" identifies an individual and includes their photograph, social security number, driver identification number, name, address, telephone number, and medical or disability information. While driving records do contain personal information, there is a distinction between what is considered personal and public information.
Non-personal information in driving records, such as vehicular crash records, driving violations, and driver status information, is considered public information. This includes official government actions related to a person's driving privilege, such as records of convictions, accidents, driver license suspensions, and revocations of driving privileges. This information is open to public inspection and is often used by government agencies, insurers, and employers.
To access personal information in driving records, one must typically submit a formal request to the relevant state's Department of Motor Vehicles (DMV) and provide personal details such as their full name, date of birth, and driver's license number. The DPPA outlines acceptable uses for accessing personal information in driving records, including use by government agencies, legitimate businesses for verification or correction purposes, and matters before a court or arbitration proceeding.
It is important to note that unauthorized access or misuse of personal information in driving records can result in significant legal penalties, including criminal prosecution, fines, and imprisonment. Individuals can protect their driving record information by being mindful of who they share their personal information with and enrolling in a driving record monitoring service.
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State-specific driving record access
In the state of Florida, driving records are managed by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Individuals can purchase their own 3-year, 7-year, or complete driver record through the MyDMV Portal. Alternatively, records can be obtained from a driver license service center, clerk of court office, or a private vendor. To request a record by mail, individuals must complete and sign the Driver License Record Request Form and submit it along with the appropriate fee. Florida Statute 119 allows certain individuals in specific positions, such as law enforcement officers and judges, to have their address and date of birth blocked from public access under the Driver Privacy Protection Act (DPPA).
In Massachusetts, driving records can be requested through the Registry of Motor Vehicles (RMV). There are two types of driving records available: unattested and true and attested. An unattested driving record is primarily used for personal or informational purposes and costs $8.00. A true and attested driving record is used for official and court purposes, bearing the signature of the Registrar of Motor Vehicles, and costs $20.00. Requestors must provide a completed Driving Record Request Form, applicable fees, and a photocopy of their license or ID. Third parties seeking to obtain a driving record must certify that they are DPPA eligible.
In New York, driving records are referred to as Abstract of Driving Records and can be accessed through the NY DMV. There are three types of driving records available: Standard, Lifetime, and Commercial (CDL). Individuals can create a MyDMV account to access and print a PDF version of their driving record for a fee of $7. The Lifetime driving record contains all the license information currently available, including any suspensions and revocations.
Each state has its own specific processes and requirements for accessing driving records, with varying fees and types of records offered. It is important to refer to the official websites of the relevant state agencies for the most up-to-date and accurate information.
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The Driver Privacy Protection Act
The Driver's Privacy Protection Act (DPPA) is a United States federal statute that safeguards the privacy and disclosure of personal information gathered by state Departments of Motor Vehicles (DMVs). The DPPA was enacted in 1994 to prevent the release or use of personal information about an individual obtained in connection with a motor vehicle record. This includes information such as the driver's name, address, phone number, Social Security Number, driver identification number, photograph, height, weight, gender, and age.
The DPPA sets penalties for violations and allows individuals whose information has been released without their consent to take civil action. The law also requires states to obtain permission from individuals before selling or releasing their personal motor vehicle records to third-party marketers.
The DPPA was introduced by Democratic Rep. Jim Moran of Virginia in 1992, following an increase in the use of public driving license databases by opponents of abortion to track down and harass abortion providers and patients. One prominent case involved physician Susan Wicklund, who faced protests and harassment, including her house being picketed for a month.
The constitutionality of the DPPA was upheld by the Supreme Court in the case of Reno v. Condon in 2000. The Court ruled that the Act is a proper exercise of Congress' authority to regulate interstate commerce under the Commerce Clause. However, the DPPA does not apply to other government agencies that receive personal information from state DMVs in the course of their normal government functions, as ruled by the Connecticut Supreme Court in Davis v. Freedom of Information Commission in 2001.
Individuals can request their own personal information from their driver's license or motor vehicle record by completing, signing, and mailing a request form. Obtaining someone else's personal information is permitted only if an exemption covered by law is met, such as law enforcement agencies carrying out their functions or auto manufacturers recalling vehicles or parts.
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Penalties for unauthorised access
The Drivers Privacy Protection Act (DPPA), Public Law No. 103-322, was enacted in 1994 to protect the privacy of personal information collected by State Department of Motor Vehicles (DMVs). The DPPA prohibits the release or use of personal information by any State DMV or its employees and sets penalties for violations. Under the DPPA, violators are liable in a civil action to the individual whose information was released.
The DPPA restricts public access to personal information such as social security numbers, driver license or identification card numbers, names, addresses, telephone numbers, and medical or disability information contained in motor vehicle and driver license records. However, there are exceptions to the DPPA that allow for the disclosure of certain information under specific circumstances. For example, authorised law enforcement agencies may access driver record information as part of an ongoing investigation. Additionally, non-personal information such as vehicular crash records, driving violations, and driver status information is considered public information.
In terms of penalties for unauthorised access to driver license records, there are legal consequences outlined by the DPPA. Individuals who unlawfully obtain or disclose personal information from motor vehicle records may face civil liability under the DPPA. This means that affected individuals can sue the violator for damages and seek compensation for any harm caused by the unauthorised access or disclosure of their information. The DPPA also provides for criminal penalties in certain cases, with fines of up to $5,000 and possible imprisonment for obtaining or disclosing personal information from motor vehicle records without a legitimate purpose.
State laws also play a role in governing the protection and disclosure of DMV information. For example, in California, the DMV complies with the Information Practices Act of 1977, which prohibits the disclosure of personal information in a manner that links it to an individual, with certain exceptions. Additionally, Nevada has restrictive privacy laws that require a notarized release from the individual before releasing any information to third parties, with exceptions for law enforcement and authorised entities such as insurance companies.
Overall, unauthorised access to driver license records can result in legal consequences, including civil and criminal penalties, as outlined by the DPPA and state-specific legislation. These laws aim to protect the privacy and security of individuals' personal information collected by DMVs.
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Frequently asked questions
You can request a copy of your driving record from the DMV, RMV, or your state's Department of Motor Vehicles. You may need to complete a Driving Record Request Form and pay a fee.
You may be able to request someone else's driving record, but you will need their express permission. In some states, only certain agencies can access driving records.
Driving records include personal information, such as a photo and application details, as well as non-personal information such as driving violations, accidents, and license suspensions.
