Effect of Nonpayment

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1 Alabama Ala. Code D may apply to the board of pardons and paroles for a Certificate of Eligibility to Register to Vote upon satisfaction of several requirements, including that D has paid victim restitution, if ordered. Alaska Arizona Ariz. Rev. Stat If D is a juvenile, D may apply to have his records in the juvenile court to be destroyed, as long as several requirements are met, including the payment of restitution. Ariz. Rev. Stat Except as provided in section , the restoration of civil rights and the dismissal of the accusation or information under the provisions of this chapter shall be in the discretion of the superior court judge by whom the person was sentenced or his successor in office. Arkansas Ariz. Rev. Stat Refers to first offender. Payment of restitution is a condition for restoration of civil rights. A.C.A A record of a defendant shall not be expunged under et seq. until all court-ordered restitution has been paid. Copyright 2011 National Center for Victims of Crime. 1

2 A.C.A The court may certify in writing to the Department of Finance and Administration that a debtor has failed to make satisfactory arrangements for the payment of fines and request the department to revoke, suspend, or refuse to renew the debtor's motor vehicle registration or driver's license. This includes all fines imposed for criminal convictions, traffic convictions, civil violations, and juvenile deniqnuency adjudications. "Fines" include court costs, restitution, and probation fees. California Colorado Colo. Rev. Stat The court may expunge records relating to a DUI, with in blood alcohol level of , as long as restitution has been paid. Colo. Rev. Stat D's license may be suspended if, in a criminal proceeding arising from the use of a motor vehicle, D has failed to comply with the terms of any order of restitution made as a condition of probation. Colo. Rev. Stat D's criminal records may not be sealed if D still owes payments of restitution. Colo. Rev. Stat If D used a motor vehicle to commit a felony or was convicted for vehicular homicide/assault or other wrongs, his or her license must be revoked. D will not be eligible for reinstatement of his or her license until restitution, if ordered, has been paid. Delaware Colo. Rev. Stat Completing restitution payments is a conditions of expungement of a D's records concerning a conviction of the person for UDD with a BAC of at least 0.02 but not more than Copyright 2011 National Center for Victims of Crime. 2

3 11 Del. Code Ann The Director of the Division of s shall, upon receipt of a license so forwarded by the clerk, suspend the operator's license and driving privileges of the defaulting driver until notified by the court that payment of the fine, costs, restitution or Victims Compensation Fund assessment has been made. Florida Fla. Stat If D's drivers license has been revoked pursuant to his or her criminal conduct involving a motor vehicle, it may not be reinstated unless D has satisfied restitution payments. Iowa Iowa Code D cannot renew registration of a motor vehicle unless restitution payments satisfied. Restitution is defined under Criminal Law and Procedure as payment of pecuniary damages to a victim. Kansas Kentucky K.S.A Applies to expungement of criminal record of juvenile Ky. Rev. Stat. Ann The Department of Corrections shall establish regulations to simplify the process for the restoration of the civil rights of eligible felony offenders (if he or she is eligible), which includes the ability to vote, serve on a jury, obtain a professional or vocational license, and hold an elective office, but does not include the right to bear arms. Copyright 2011 National Center for Victims of Crime. 3

4 Ky. Rev. Stat. Ann A court shall declare the defendant ineligible to operate a motor vehicle for the period of time that any amount of restitution ordered under this section remains unpaid. Crimes this applies to include fraudulently obtaining or using credit cards and theft. Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Copyright 2011 National Center for Victims of Crime. 4

5 Mont. Code Ann The department shall suspend the driver's license or driving privilege of a person upon receipt of a report from the court, certified under penalty of law and in a form prescribed by the department, that the person has failed to pay restitution assessed at $100 or more. This cites Title 46 Criminal Procedure, indicating that restitution is applied to all crimes, not just traffic-related. Mont. Code Ann Upon receipt of notification from the court that the operator has appeared, posted the bond, or paid the fine, costs, or restitution amounts and has paid the administrative fee required under and, if the reinstatement fee required under or has been paid, the department shall reinstate the license, unless the operator otherwise is not entitled to reinstatement. This also includes all crimes Nebraska Nevada Nev. Rev. Stat Order the suspension of the driver's license of the defendant. If the defendant does not possess a driver's license, the court may prohibit the defendant from applying for a driver's license for a specified period. If the defendant is already the subject of a court order suspending or delaying the issuance of his driver's license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. This applies to all crimes. Copyright 2011 National Center for Victims of Crime. 5

6 Nev. Rev. Stat. 176A.850 If D has been "honorably" discharged from probation, which includes either the payment of restitution or a shown inability to pay restitution during probation due to economic hardship, D's right to vote will be restored. Restitution afterward will constitute a civil liability against D. New Hampshire N.H. Rev. Stat. Ann. 263:56-a The director of motor vehicles shall not restore or renew a person's license or privilege to drive (for listed crimes) until all of D's obligations, including courtordered restitution, are met. N.H. Rev. Stat. Ann. 265-A:22 The director of motor vehicles shall not restore or renew a person's license or privilege to drive (for listed crimes) until all of D's obligations, including courtordered restitution, are met. This applies to driving while under the influence of drugs or alcohol. New Jersey N.J. Stat. Ann. 2B:12-31 If a defendant sentenced to pay a fine or costs, make restitution, perform community service, serve a term of probation, or do any other act as a condition of that sentence fails to do so, a municipal court may order the suspension of the person's driving privileges. appears to refer to municipal ordinances, but also cites a violation of any other law of this State for which a penalty may be imposed. N.J. Stat. Ann. 2C:46-2 If the court finds that D defaulted on his restitution payments without good cause, then the court may order either that D's driver's license or nonresident reciprocity be suspended or that D may not obtain a driver's license or reciprocity. 2C:46-2 is within the Code of Criminal Justice, indicating that the restitution is for any crime and not just traffic-related. Copyright 2011 National Center for Victims of Crime. 6

7 New Mexico New York North Carolina: N.C. Gen. Stat. 15A-145 Applies to first offenders under the age of 18; If D petitions for the expungement of his record, D must prove to the court (along with other requirements) that he or she does not have any outstanding restitution payments to be made. N.C. Gen. Stat. 15A Applies to first offenders under the age of 18 at the time of conviction of certain gang offenses; if D petitions for expungement, must prove to court (along with other requirements) that he or she does not have any outstanding restitution orders. North Dakota Ohio Oklahoma 10A Okla. Stat Refers to expungement of open juvenile court record. To be eligible, all court costs, restitution, fines and other court-ordered requirements must have been completed for all juvenile proceedings. 22 Okla. Stat. 991c If D receives a deferred sentence by a guilty plea or a plea of nolo contedere and the court imposes restitution as a condition, D must comply with this condition (along with other requirements) to be able to have his record expunged in the future. Pennsylvania Copyright 2011 National Center for Victims of Crime. 7

8 62 P.S. 432 Public assistance may not be granted to any person who has been sentenced for a felony or misdemeanor offense and who has not otherwise satisfied the penalty imposed on that person by law, which includes restitution. 75 Pa. Cons. Stat If D was convicted for DUI and was ordered to pay restitution to the victims that suffered a financial loss as a result of his or her crime, then D must comply with this order (along with other requirements) to be able to have his or her record expunged. Rhode Island R.I. Gen. Laws A judge of the superior or district court or the traffic tribunal may order the suspension of a person's license issued pursuant to chapter 10 of title 31 if the person fails to pay court ordered restitution within the time period provided for in an order of the court. This provision is contained within Criminal Procedure, so restitution would be for any crime. R.I. Gen. Laws The administrator/division of motor vehicles shall not renew any operator's license or registration upon expiration thereof until all costs owed have been paid in full or the licensee or registrant has entered into a time payment agreement satisfactory to the state court administrator. restitution means any amount which has been ordered paid pursuant to a criminal case disposition by a judge of the district, family and superior courts pursuant to chapter 19 of title 12, which has not been paid and which has been declared delinquent by the administrative judge of the court making the assessment. South Carolina Copyright 2011 National Center for Victims of Crime. 8

9 S.C. Code Ann If D was convicted of reckless homicide, D's license must be revoked. In considering whether to reinstate the license, the court considers the full payment of restitution as a factor. South Dakota Tennessee Tenn. Code Ann D shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence. Texas Utah Utah Code Ann. 20A The payment of restitution is one of the requirements that must be satisfied for D, a convicted felon, to restore his right to vote Utah Code Ann. 41-6a-509 For a D that has a DUI violation, if D does not make restitution payments, D's driving privilege may be suspended. Utah Code Ann Refers to offenses which may result in denial, suspension, disqualification, or revocation of license without hearing: D's license may be suspended if D was convicted of a crime and has an outstanding incomplete restitution requirement. Utah Code Ann D may be eligible to petition for the expungement of his record unless the court finds that D has not paid the full amount of court ordered restitution. Utah Code Ann. 78A Refers to expungement of juvenile record. A judgment for restitution entered by the court on the conviction for which the expungement is sought must have been satisfied. Copyright 2011 National Center for Victims of Crime. 9

10 Vermont Virginia 13 V.S.A In reference to a deferred sentence, D's criminal record shall not be expunged until restitution has been paid in full. Va. Code Ann The driver's license of the person shall continue suspended until the fine, costs, forfeiture, restitution, or penalty has been paid in full. However, if the defendant pays the reinstatement fee to the Department of s and enters into an agreement under that is acceptable to the court to make deferred payments or installment payments, D s license will be restored. all lawful fines, court costs, forfeitures, restitution, and penalties assessed against him for violations of the laws of the Commonwealth; of any county, city, or town; or of the United States. Washington West Virginia W. Va. Code 17B-3-3C Suspension of license for failure to restitution or fines imposed as a result of a criminal conviction. "criminal offense" shall be defined as any violation of the provisions of this code, or the violation of any municipal ordinance, for which the violation thereof may result in a fine, confinement in jail or imprisonment in the a correctional facility of this State. W. Va. Code If D submits a petition for the expungement of his criminal records, he or she must attach any court-ordered restitution to the petition. Copyright 2011 National Center for Victims of Crime. 10

11 W. Va. Code If costs, fines, forfeitures, penalties or restitution imposed by the circuit court upon conviction of a person for any criminal offense under this code are not paid in full when ordered to do so by the court, the circuit clerk shall notify the Division of s of such failure to pay. Upon such notice, the Division of s shall suspend the person's driver's license or privilege to operate a motor vehicle in this state until such time that the costs, fines, forfeitures or penalties are paid. This is contained within Criminal Procedure, indicating that restitution is for any crime. Wisconsin Wyoming Wyo. Stat A person convicted of a felony or felonies subject to expungement arising out of the same occurrence, may petition the convicting court for an expungement of the records of conviction if restitution ordered by the court has been paid in full. Copyright 2011 National Center for Victims of Crime. 11

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