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Trucking company concerns over expunged traffic violations

On Behalf of | Dec 28, 2021 | Criminal Defense

Trucking compay managers may perform comprehensive background checks on candidates for driving jobs. Negative information on the applicant’s Pennsylvania driving record might reveal moving violations or other issues that may worry managers. Dangerous drivers could cause accidents that may drag an employer into a lawsuit. Complicated the background checks might be any expunged motor vehicle records in Pennsylvania or another state.

Uncovering expunged records

Trucking companies may need to take extra steps to ensure they hire safe drivers. Doing so could involve uncovering any expunged violations on motor vehicle records. The straightforward way to discover any “hidden” violations involves asking job candidates to list all their moving violations, DUI offenses, and the like, noting that the applicant should include anything expunged.

Employers likely realize that moving violations will disappear from a driving record after a set number of years pass, depending on the state. Employers may ask if any violations occurred past the timeframe the violation drops off the official record.

Criminal convictions for hit-and-run or drunk driving might remain on someone’s record forever. The person might not be eligible for an expungement, so the record remains.

Liabilities and driving records

Employers might not know that someone can legally answer “No” to questions about convictions that were expunged. However, the employer may review the legality of asking would-be applicants about any expungements.

Employers might realize that people make mistakes, including moving violations. However, drivers previously involved in truck accidents or committed a recent moving violation could present liability risks. Asking someone to go on the record about past expungements or violations on an application might reduce the employer’s liability if the employee doesn’t inform the employer about past issues.

Trucking companies that continue to employ drivers who violate traffic laws and federal regulations could share liability if an accident occurs. Trucking companies have a duty to make sure their drivers operate vehicles safely.