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  1. #1
    Join Date
    Feb 2006
    Location
    Enfield ct
    Posts
    25

    Default How to Force the DMV to Remove Entries from a Driving Record

    What are the laws? The CT.DMV does have the right to list the arrest date, charges,file#, conviction date and action taken and by whom. But do they have the right to list the same charge four times? When there was only one DUI charge? Is there a Federal or State law that they must list all pertinent info complete and accurate?

  2. #2
    Join Date
    Nov 2005
    Posts
    310

    Default Re: How do I prove malicious intent of my DMV record?

    Have you inquired of the DMV why it lists the same charge four times? If the DMV removes the extra listings, then there is no maliciousness, probably a clerical or system error. If the DMV refuses to remove them knowing that they are wrong, that would be malicious. But does the state have an applicable law against a malicious act like this. Probably not. I am sure that you could sue the state and demand that you record be corrected.

  3. #3
    Join Date
    Feb 2006
    Location
    Enfield ct
    Posts
    25

    Default Re: How do I prove malicious intent of my DMV record?

    I can't sue the CT. DMV unless there was malicious intent. I have ask them many times over ten years to list correctly to no avail. I don't know what the Federal law or state law is. But I was told you can't list the arrest date, conviction or the charges in the same driving history more than they happen. That is false info. Plus when I got the DUI the CT. State law and the DMV reg. was only to be on record for five but it was updated to ten years and the current law never said past,present or future DUI. They are telling me now from there own entry it will not come off my record till the year 2012. My arrest date was 07-15-1996 the suspention dates where from 08-14-1996 to
    11-19-1996

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How do I prove malicious intent of my DMV record?

    I believe he meant, assuming there is a violation of law, "sue to get a court order compelling them to follow the law" as opposed to "sue for damages".

  5. #5
    Join Date
    Feb 2006
    Location
    Enfield ct
    Posts
    25

    Default Re: How do I prove malicious intent of my DMV record?

    Is this what I am looking for?

    U.S. Code

    TITLE 5 > PART I > CHAPTER 5 > SUBCHAPTER II > 552a
    552a. Records maintained on individuals

    (g)
    (1) Civil Remedies. Whenever any agency

    (C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or
    (D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual,
    the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.

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