California Vehicle Code 12808 – (a) The department shall, before issuing or renewing any …
(a) The department shall, before issuing or renewing any license, check the record of the applicant for conviction of traffic violations and traffic accidents.
(b) The department shall, before issuing or renewing any license, check the record of the applicant for notices of failure to appear in court filed with it and shall withhold or shall not issue a license to any applicant who has violated their written promise to appear in court unless the department has received a certificate issued by the magistrate or clerk of the court hearing the case in which the promise was given showing that the case has been adjudicated or unless the applicant’s record is cleared as provided in Chapter 6 (commencing with Section 41500) of Division 17. In lieu of the certificate of adjudication, a notice from the court stating that the original records have been lost or destroyed shall permit the department to issue a license.
Terms Used In California Vehicle Code 12808
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
- traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
(c) (1) Any notice received by the department pursuant to former Section 40509, Section 40509.1, or former Section 40509.5, except subdivision (c) of former Section 40509.5, that has been on file five years may be removed from the department records and destroyed at the discretion of the department.
(2) Any notice received by the department under subdivision (c) of former Section 40509.5 that has been on file 10 years may be removed from the department records and destroyed at the discretion of the department.
(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 800, Sec. 10. (AB 2746) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 11 of Stats. 2022, Ch. 800.)