Question: I have a co-worker who told me how much her car insurance rates have gone up. She drives this big SUV, and while backing out of a parking stall, she hit the rear corner of another car. She said she didn't even feel the impact, so she left. But somebody called the police to report a hit-and-run, and when she got home, the police were waiting for her. She apparently caused $500 damage to the other car. She got a citation and a court date. Before she went to court, a friend told her to plead “;no contest”; because if she pleaded guilty it would go on her traffic record. If she pleads “;no contest,”; she will only pay a fine, and it won't go on her record. Is this true? How long does a violation stay on one's record, anyway? Is it three years or five years or longer? Or does it depend on the violation?

Answer: It doesn't matter what your friend pleads and what the outcome is. The incident will appear on her traffic abstract for an indefinite time, with no set limit for removal.

Under Section 287-3 of the Hawaii Revised Statutes, a certified traffic abstract is required to show “;all alleged moving violations and any convictions resulting therefrom.”;

Parking and equipment violations do not appear on the traffic abstract, so it is sometimes called an “;abbreviated”; abstract, noted Marsha Kitagawa, spokeswoman for the Hawaii state Judiciary.

“;Alleged moving violations”; include traffic infractions and traffic crimes, she said, as well as administrative driver's license revocation cases.

Kitagawa said the following information will be shown on the abbreviated abstract: charge code and description; date of violation; plea (e.g., admit, deny, etc.); disposition (e.g., judgment for state, default judgment, dismissal, etc.).

For now all moving violations will be kept indefinitely in the Judiciary's database.

“;The statute does not contain a limitation on time, so the Judiciary is reporting all such information in its active database,”; Kitagawa said.

“;Kokua Line”; previously reported that the federal government began requiring states to keep reports in their Judiciary databases for 55 years (see hsblinks.com/2ai).

Because Section 287-3 requires that traffic abstracts list all alleged moving violations, no matter their disposition, without any limitation as to time, the Judiciary began keeping the abstracts “;for as long as they are kept in the database.”;

“;The Judiciary has asked the Legislature to amend HRS Sec. 287-3 three times and was unsuccessful each time,”; Kitagawa said. “;The Judiciary's proposal, if approved by the Legislature, would have limited the reporting time period for alleged moving violations.”;

In testimony given to the Legislature, the Judiciary said: “;The reporting of all allegations without limitation as to time has resulted in many complaints from the public and much frustration for Judiciary staff.

“;Individuals whose charges have been dismissed complain that it is unfair to report unproved offenses. Individuals who have been free of subsequent offenses for lengthy periods of time perceive that the information reported on the abstract is misused to deny them employment or insurance or to increase their insurance costs.”;

The Judiciary asked that the law be changed to set time limits for reporting moving violations “;and thereby provide an incentive for individuals to resolve outstanding cases and pay judgments.”;

The only exception would be for permanent driver's license revocations, which would continue to be reported indefinitely.

Otherwise, the Judiciary proposed returning to the previous practice of having moving violations listed for three years or, for cases involving alcohol or drugs, for 10 years.