What to do if your DMV record shows an infraction for which you went to Traffic School

Except in cases involving a commercial license, attending traffic school should mask the conviction pursuant to Vehicle Code section 1808.7

Vehicle Code section 1808.7 and traffic school

Vehicle Code section 1808.7 provides for masking of infractions for which a driver attended traffic school. It states that:

  • The record of the department relating to the first proceeding and conviction under Section 1803.5 in any 18-month period for completion of a traffic violator school program is confidential, shall not be disclosed to any person, except a court and as provided for in subdivision (b), and shall be used only for statistical purposes by the department. No violation point count shall be assessed pursuant to Section 12810 if the conviction is confidential.

Exceptions to this rule of confidentiality are instances where:

  • The person convicted holds a commercial driver’s license as defined by Section 15210.
  • The person convicted holds a commercial driver’s license in another state, in accordance with Part 383 of Title 49 of the Code of Federal Regulations.
  • The violation occurred in a commercial motor vehicle, as defined in subdivision (b) of Section 15210.
  • The conviction would result in a violation point count of more than one point pursuant to Section 12810.

Confidentiality of Convictions and Traffic School

When your conviction is kept confidential, it means it shall not be disclosed to any person, except a court.  If you get another traffic ticket within 18 months, the judge will be able to see your previous attendance at traffic school and your masked points and conviction.

Drivers are only permitted to go to traffic school once in 18 months. If you get a traffic ticket but have already attended traffic school within the last 18 months, you will get points on your license and your insurance company will be notified.

Commercial Drivers

 If you hold a commercial driver’s license and you were not driving a commercial vehicle when you got your traffic ticket, then if you successfully complete a California DMV-approved Traffic School program, the record of conviction will not be confidential but the conviction will not add a point count to your DMV record.

Eligibility for Traffic School

Generally, you can go to traffic school if:

  • You have a valid driver’s license,
  • The offense occurred while driving a noncommercial vehicle, and
  • Your ticket is for an infraction that is a moving violation.

If you have a noncommercial driver’s license and the court permits you to attend traffic school for an eligible offense, after completion of the course a confidential conviction will be recorded on your driving record at the DMV, but you will not receive a point on your driving record. The court may approve traffic school for a driver with a commercial driver’s license if the eligible offense occurred in a noncommercial vehicle. After completion of an approved program by a driver with a commercial driver’s license, a conviction will appear on the driving record at the DMV, but a point will not appear for the offense.

Source: California Courts-Traffic School, https://www.courts.ca.gov/9410.htm?rdeLocaleAttr=

What does masking points on your DMV Driver’s record mean?

 Masking means the points are hidden from the public and from your insurance company.

Non-commercial drivers

You must be eligible for traffic school and hold a non-commercial driver’s license; then if you successfully complete a California DMV-approved Traffic School program, the Court will notify the California DMV of a conviction that will be kept confidential:-

It will not show on your public record, and the point will not be assessed to your DMV record.

Your insurance company will not be notified of masked points.

What is reflected on the driver record?

A DMV driving records formerly referred to as an “H6” or “10 year record” that included information intended for internal department purposes are no longer available. Driver records will only include all reportable information: convictions for three, seven, or ten years, departmental actions, and accidents on a person’s driver record as required by California Vehicle Code section 1808.”

Correcting information on the driving record

Complete  a Report Of Incorrect Record Form DL207, or Report Of Incorrect Driver Record Traffic Collision Form DL207A, which can be found online. You  can present an Abstract/Document Error Form DL157 or Abstract Of Court Record or correspondence from the court or law enforcement agency.

Requesting a Correction of Incorrect Traffic Violation, Conviction, or Accident Information in a Driver’s License Recor

The DMV receives conviction information from the courts. If you believe that your DMV driver’s license record contains incorrect information regarding a traffic violation/conviction, you can request a review and correction of that information by contacting the court or by completing and submitting a Driver License Record Correction Request (Traffic Violations/Convictions Only) (DL 207). These requests may be submitted to:

Department of Motor Vehicles

Mandatory Actions Unit, Mail Station J233 , PO Box 942890, Sacramento, CA 94290-0001

Source: State of California Department of Motor Vehicles

https://www.dmv.ca.gov/portal/dmv/detail/online/dr/dr_faqs