Marvin Mandel, Governor                         363

under the laws of this State and in connection therewith maintain
convenient records or make suitable notations in order that a record
of each licensee showing his convictions and the traffic accidents in
which he has been involved shall be readily ascertainable and avail-
able for the consideration of the [Department] Administration upon
any application for renewal of license and at other suitable times.

(c)  The [Department] Administration may destroy the records
of expired licenses six months after the renewals of the licenses
become effective.

(d)  If a charge of violation of this article against any person
shall be dismissed by any court of competent jurisdiction, no record
of the charge and dismissal shall be included in or placed in the
[Department] Administration upon the driving record of the person.

|[(d-l) If an operator's or chauffeur's record shows no criminal
or motor vehicle convictions for a period of ten years, the driving
record of such driver may be destroyed regardless of previous re-
fusals or revocations of license and/or regulation.]

[(e) If a driver's record shows only one suspension and he has
had no subsequent motor vehicle convictions for a period of 5 years,
or if his record shows only one revocation and it resulted from a
violation of the provisions of former section 104 (b) of this article,
prior to its amendment by Chapter 677 of 1963, and he has had no
subsequent motor vehicle convictions for 5 years, the driving record
of the driver may be destroyed.]

(e)   The Administration may expunge the public driving record
of any person, who at the time of application possesses a valid
driver's license, when:

(1)  He has had no moving motor vehicle convictions or convic-
tions of a criminal offense involving a motor vehicle for a period of
three years and has never been suspended or revoked;

(2)  He has had no moving vehicle violations or convictions of a
criminal offense involving a motor vehicle for a period of five years
and his record shows not more than one suspension and no
revocations:

(3)  He has had no motor vehicle convictions or convictions of a
criminal offense involving a motor vehicle for a period of ten years
regardless of the number of suspensions or revocations.

For the purpose of this subsection, moving violations shall not
include convictions of the size, weight, load, equipment or inspec-
tion provisions or any other violations that do not involve the actual
movement of a motor vehicle on the highways of this or any other
State.

Notwithstanding the provisions of this subsection, whenever the
Administration shall determine that a person has not actually oper-
ated a motor vehicle on the highways during the period for which
he is requesting the expunging of his record, then the Administra-
tion in its discretion may refuse to expunge such record.

Sec. 3. And be it further enacted, That this Act shall take effect
July 1, 1972.

Approved April 26, 1972.