Attested vs Unattested Driving Records: Key Differences & How to Get Yours

Driving records serve as official snapshots of your driving history, but not all records carry the same legal weight. An attested (certified) driving record is a court-admissible, notarized document issued by the DMV that carries a state seal and signature, while an unattested (uncertified) record is an informal printout without legal validation. You need an attested record for court cases, immigration, or professional licensing, whereas an unattested record suffices for personal review or insurance quotes.

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Federal Oversight

The Driver Privacy Protection Act (DPPA, 18 U.S.C. § 2721) governs the release of personal information from motor vehicle records. While the DPPA does not distinguish between attested and unattested records, it mandates that states protect driver data and only release records for permissible uses (e.g., court proceedings, insurance underwriting, or employment verification).

State-Level Authority

Each state’s Department of Motor Vehicles (DMV) or equivalent agency (e.g., Texas DPS, California DMV, New York DMV) sets the rules for issuing attested versus unattested records. These rules are codified in state administrative codes, such as:

• California: California Vehicle Code § 1808.4 (certified records)
• Texas: Texas Transportation Code § 521.044 (driver record requests)
• New York: New York Vehicle and Traffic Law § 503 (abstracts of driving records)

Key Definitions

• Attested (Certified) Driving Record: A document bearing the DMV’s official seal, signature, and notarization, confirming its authenticity for legal or official use.
• Unattested (Uncertified) Driving Record: A printout or digital copy of your driving history without legal validation, typically used for personal reference.
• Motor Vehicle Record (MVR): A generic term for any driving record, whether attested or unattested.

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How to Request an Attested (Certified) Driving Record

Attested records are required for legal proceedings, immigration, or professional licensing (e.g., CDL holders, rideshare drivers). Follow these steps:

1. Determine Your State’s Requirements

• California: Request a "Certified Abstract" via the California DMV website or in person. Cost: $5.
• Texas: Order a "Certified Driver Record" (Type AR) through the Texas DPS portal. Cost: $22.
• New York: Obtain a "Certified Abstract" from the NY DMV. Cost: $10.

2. Gather Required Documents

• Valid government-issued ID (e.g., driver’s license, passport).
• Payment method (credit/debit card, check, or money order).
• Authorization form (if requesting on behalf of someone else; e.g., Form INF 1125 in California).

3. Submit Your Request

4. Receive and Verify Your Record

• Check for the official seal, DMV signature, and notarization.
• Ensure all personal details (name, license number, violations) are accurate.

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How to Request an Unattested (Uncertified) Driving Record

Unattested records are ideal for personal review, insurance quotes, or employment screenings (where legal validation isn’t required).

1. Check Your State’s Options

• California: Request a "Driver Record" (non-certified) online for $2.
• Texas: Order a "Driver Record" (Type 3A) for $10.
• New York: Obtain a "Driver Abstract" (non-certified) for $7.

2. Submit Your Request

3. Review Your Record

• Confirm accuracy of traffic violations, points, and license status.
• Dispute errors by submitting a correction request (e.g., Form DL 207 in California).

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Mistakes to Avoid

1. Using an Unattested Record for Legal Purposes
• Courts, immigration offices, and licensing boards only accept attested records. Submitting an unattested record may result in delays, fines, or case dismissals.
• Example: A rideshare driver in New York was denied a license renewal because they submitted an unattested record instead of a certified abstract.

2. Assuming All States Have the Same Rules
• Florida requires a 30-day waiting period for certified records after a traffic violation.
• Illinois charges $12 for a certified record but only $8 for an unattested one.

3. Ignoring Record Errors
• Uncorrected errors (e.g., wrongful violations, missing points) can lead to higher insurance premiums or license suspension.
• Statute: Under 49 CFR § 384.225, commercial drivers must ensure their records are accurate to avoid federal penalties.

Exceptions & Special Cases

• Out-of-State Drivers: Some states (e.g., Texas) allow non-residents to request records online, while others (e.g., California) require in-person visits.
• Minors: Parents or guardians may need to provide additional consent forms (e.g., Form DL 44 in California).
• Deceased Individuals: Next of kin must submit a death certificate and proof of relationship to obtain records.

Penalties for Misuse

• Fraudulent Use: Submitting a falsified driving record is a misdemeanor in most states, punishable by fines up to $1,000 and jail time (e.g., California Vehicle Code § 1808.8).
• Unauthorized Access: Violating the DPPA by obtaining someone else’s record without permission can result in civil penalties up to $2,500 per violation.

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### Can I use an unattested driving record for a job application?

Most employers accept unattested records for pre-employment screenings, but CDL jobs, government positions, or roles requiring security clearance may require an attested record. Always check the job posting or ask the HR department.

### How long does it take to get an attested driving record?

Processing times vary by state:

• Online: 3–7 business days (e.g., California, Texas).
• In Person: Immediate to 1 day (if available at the DMV).
• Mail: 10–15 business days (e.g., New York, Florida).

### What happens if my attested record has errors?

If your certified record contains inaccuracies (e.g., wrongful violations, incorrect points), you must:

1. File a dispute with your state’s DMV (e.g., Form DL 207 in California).
2. Provide evidence (e.g., court documents, payment receipts).
3. Request a corrected record (some states charge a $10–$20 fee for updates).

### Do I need an attested record for insurance?

Insurance companies typically accept unattested records for quotes, but some may require an attested record for high-risk policies or legal disputes. Confirm with your insurer before ordering.

### Can I get someone else’s driving record?

Under the DPPA, you can only obtain another person’s driving record if you have written consent or a permissible use (e.g., court order, employer verification). Unauthorized access is illegal and punishable by fines up to $2,500.

### How much does an attested driving record cost?

Fees vary by state:

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Action Plan

1. Determine Your Need:
• Legal/court use? → Attested record.
• Personal review/insurance? → Unattested record.
2. Check Your State’s DMV Website for specific forms and fees.
3. Gather Required Documents (ID, payment, authorization forms if applicable).
4. Submit Your Request (online, in person, or by mail).
5. Verify Accuracy upon receipt and dispute errors if needed.

Official Contacts & Portals

Disclaimer: This article is for informational and educational purposes only. It does not constitute formal legal advice and does not establish an attorney-client relationship. Always consult your state’s DMV or a licensed attorney for specific guidance.