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HomeVehicle CodeDiv. 6Ch. 1Art. 3§ 12808 Driver License Eligibility Checks

§ 12808 Driver License Eligibility Checks

Vehicle Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 12808 Driver License Eligibility Checks

This law says the DMV must check your driving record before giving or renewing your driver's license. If you missed court for a traffic ticket and didn't fix it, they won't give you a license.

Key Takeaways

  • •The DMV checks your driving record before giving or renewing your license.
  • •If you missed court for a traffic ticket, you won't get your license until you fix it.
  • •Old traffic notices (5 or 10 years old) can be removed from your record.

Example

You got a speeding ticket and promised to go to court but didn't show up.

The DMV will see you broke your promise and won't let you renew your license until you fix it with the court.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 12808 Driver License Eligibility Checks

(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. (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.)

Last verified: January 9, 2026

Key Terms

convictiontrafficaccidenthearinglicensebeforediscretionadjudication

Related Statutes

  • § 12810 Two-Point Violations
  • § 1804 Boating And Vehicle Offense Reports
  • § 1816 Juvenile Traffic Violation Records
  • § 12814.4 Remote Driver’S License Renewal
  • § 12818 Driver License Reexamination Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Vehicle Code. Section 12808.
View Official Source