§286-245  Driving record information to berecorded and furnished.  (a)  Whenever a person is convicted of a movingtraffic violation based on a statute, ordinance, or rule, fails to appear for ahearing, trial, or other court or administrative proceeding on the movingtraffic violation, or fails to pay a fine or court cost ordered for a movingviolation, the state judiciary shall forward to the examiner of drivers therecord of the conviction.  The record of conviction shall include whether theoffender was operating a commercial motor vehicle at the time of the offense,whether the offender was transporting hazardous materials requiring placardingunder Title 49 Code of Federal Regulations Section 172, Subpart F, the citationdate, the conviction date, the citation number, the court in which theconviction occurred, and the offense(s) convicted of.  No record of convictionso transmitted and maintained in the statewide traffic records system shall beused for purposes other than the licensing of drivers.

(b)  Within ten days of an in-state conviction,and within ten days of the receipt of notice of an out-of-state conviction, theexaminer of drivers shall record and maintain as part of the driver's record:

(1)  Allconvictions, disqualifications, and other licensing actions for violations bothin this State and out-of-state, of any law relating to motor vehicle trafficcontrol, other than a parking violation, committed in any type of vehicle, by aholder of a commercial driver's license; and

(2)  All convictions, disqualifications, andother licensing actions for violations both in this State and out-of-state, ofany law relating to motor vehicle traffic control, other than a parkingviolation, committed while the driver was operating a commercial motor vehicle,and was required to have a commercial driver's license.

(c)  No commercial driver's license driver'sconviction for any violation, in any type of motor vehicle, of a state or localtraffic control law, except a parking violation, shall be expunged or subjectto deferred imposition of judgment, nor shall an individual be allowed to enterinto a diversion program that would prevent the conviction from appearing onthe driver's driving record, whether the driver was convicted for an offensecommitted in this State or another state.

(d)  The state judiciary and the examiner ofdrivers shall make available information from any driver's record required bythis section to the greatest extent possible, to the users designated insubsection (f), or their authorized agent, within ten days of:

(1)  Receiving the conviction or disqualificationinformation from another state; or

(2)  Receiving the conviction for a violationoccurring in this State.

(e)  All convictions, disqualifications, andother licensing actions for violations shall be retained on each driver'srecord for at least three years or longer as required under Title 49 Code ofFederal Regulations Section 384.231(d).

(f)  Only the following users or theirauthorized agents may obtain a driver's record:

(1)  States may receive all information regarding anydriver's record;

(2)  The Secretary of Transportation may receive allinformation regarding any driver's record;

(3)  A driver may receive only information related tothat driver's record; and

(4)  A motor carrier or prospective motor carrier mayreceive all information regarding a driver's driving record, or the driver'sdriving record of a prospective driver; provided that the request is made bythe driver.

(g)  The traffic violations bureaus of thedistrict courts, upon request, shall furnish users designated in subsection(f), a certified driver record listing all convictions, disqualifications, andall licensing actions in this State and notification of any action receivedfrom other states that are recorded and maintained by the examiner of drivers. The traffic violations bureaus shall collect a fee for those requests by usersdesignated in subsection (f)(3) and (4), not to exceed $9, of which $5 shall bedeposited into the general fund, $2 shall be deposited into the judiciarycomputer system special fund, and $2 shall be deposited into the highway fund. [L1989, c 320, pt of §2; am L 1990, c 342, §15; am L 1993, c 268, §8; am L 1995,c 114, §8; am L 2004, c 103, §11; am L 2006, c 130, §9]