Accessing DMV Files
Q: I am a California native and am currently having issues with Arizona. I am trying to get information from California as to why they told Arizona to suspend my driver’s license. I have since gotten my license back. What’s important to me for the still pending cases in Arizona is that I need the reason and proof as to why they took action. I need California DMV and/or the CJIS to provide me with certified copies of whatever information they have and any changes/reasons since 1998. My question is: who do I ask for the info? How can I get them to give it to me? And where do I get it from? I need a full past history, not just a current status.
A: DMV driving records are generally considered public information subject to inspection by the public under California Vehicle Code section 1808 (entire section reproduced below) and the California Public Records Act. Moreover, generally speaking, laws restricting access to records should not interfere with a person’s rights to review his or her own records.
The DMV has its own form (see the link below) for requesting your own DMV driving record. The form itself contains instructions on where submit the request form.
http://www.dmv.ca.gov/forms/inf/inf1125.pdf
Additionally, under the California Public Records Act (“PRA”), the public has a right to inspect and obtain copies of documents collected or maintained by state or local agencies. The PRA requires agencies to provide you with the documents requested, or notify you that your request has been denied, within 10 days. (Gov’t Code § 6253). If the written request is denied, the agency is obligated to back its denial by citing an exemption in the PRA or other state or federal law allowing it to withhold the records you seek. (Gov’t code § 6255). It is not clear whether the DMV has cited any applicable PRA exemption or other authority to justify the denial of your own driving record. You may also want to submit a written PRA request to the DMV for the records you seek and you might also want to remind the DMV of its legal obligation to justify a denial of a records request. A sample PRA request is available on CFAC’s website at:
http://www.cfac.org/templates/cpraletter.html.
With respect to getting certified copies of those records, I was just informed by a DMV representative that you can walk into any DMV office and have the record stamped with a DMV seal certifying that such record is a DMV record.
§ 1808. Records open to public inspection
(a) Except where a specific provision of law prohibits the disclosure of records or information or provides for confidentiality, all records of the department relating to the registration of vehicles, other information contained on an application for a driver’s license, abstracts of convictions, and abstracts of accident reports required to be sent to the department in Sacramento, except for abstracts of accidents where, in the opinion of a reporting officer, another individual was at fault, shall be open to public inspection during office hours. All abstracts of accident reports shall be available to law enforcement agencies and courts of competent jurisdiction.
(b) The department shall make available or disclose abstracts of convictions and abstracts of accident reports required to be sent to the department in Sacramento, as described in subdivision (a), if the date of the occurrence is not later than the following:
(1) Ten years for a violation pursuant to Section 23140, 23152, or 23153.
(2) Seven years for a violation designated as two points pursuant to Section 12810, except as provided in paragraph (1) of this subdivision.
(3) Three years for accidents and all other violations.
(c) The department shall make available or disclose suspensions and revocations of the driving privilege while the suspension or revocation is in effect and for three years following termination of the action or reinstatement of the privilege, except that driver’s license suspension actions taken pursuant to Sections 13202.6 and 13202.7, or Section 256 or 11350.6 of the Welfare and Institutions Code shall be disclosed only during the actual time period in which the suspension is in effect.
(d) The department shall not make available or disclose a suspension or revocation that has been judicially set aside or stayed.
(e) The department shall not make available or disclose personal information about a person unless the disclosure is in compliance with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721 et seq.). However, a disclosure is subject to the prohibition in paragraph (2) of subdivision (a) of Section 12800.5.
(f) The department shall make available or disclose to the courts and law enforcement agencies a conviction of Section 23103, as specified in Section 23103.5, or a conviction of Section 23140, 23152, or 23153, or Section 655 of the Harbors and Navigation Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code for a period of 10 years from the date of the offense for the purpose of imposing penalties mandated by this code, or by other applicable provisions of California law.
(g) The department shall make available or disclose to the courts and law enforcement agencies a conviction of Section 191.5, or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, punished as a felony, for the purpose of imposing penalties mandated by Section 23550.5, or by other applicable provisions of California law.