🚗 Past traffic convictions: can they still affect your sentence?

Have you been summoned to the police court and are you worried about a previous conviction? Can a speeding or drink-driving conviction still count against you several years later?

⚖️ Belgium’s criminal law reform broadens the scope for convictions to be expunged. This opens up new possibilities for drivers seeking to put past convictions behind them.

🕒 The new Article 619 of the Belgian Code of Criminal Procedure provides for certain penalties to be expunged after three years. These include fines within the statutory limit, community service orders of up to 120 hours and probation sentences of up to twelve months. The period runs from the date on which the judgment becomes final.

🚦 Does this also cover older traffic convictions? The transitional provision preserves the previous rules for convictions based on the former Criminal Code, without expressly referring to convictions based solely on road traffic legislation.

This wording supports the argument that some older traffic convictions may also qualify for expungement under the new rules. However, this interpretation must be assessed in each individual case: it does not guarantee that every previous conviction will be expunged.

🔎 Why does this matter for your defence? Even where the legal rules on repeat offending do not apply, previous convictions can influence how the court assesses a driver’s record and determines the sentence. Once a conviction has been legally expunged, it can no longer be used against you to increase your sentence. The aim is to prevent an old conviction from continuing to count against you when it should no longer have that effect.

📄 Please note: a clear criminal record extract does not, by itself, prove that a conviction has been legally expunged. The information disclosed varies depending on who receives the extract.

💶 What if the fine has not been paid? Expungement may still take place, but it does not prevent the authorities from collecting the fine. The fine therefore remains payable: expungement does not cancel the debt.

⛔ A driving disqualification can also affect eligibility for expungement, particularly where its effects extend beyond three years. A disqualification that has not yet been served requires specific examination.

📝 Tests required to regain the right to drive remain mandatory. If the judgment requires theory, practical, medical or psychological tests, waiting three years does not remove the obligation to pass them. The regulations provide for information relating to these tests to be retained until the right to drive has been restored.

✅ Have your previous judgments reviewed before your hearing. The offences, penalties and relevant dates help determine which previous convictions can still be taken into account.

📩 Are you facing proceedings before the police court and wondering about your previous convictions? Contact the firm to discuss your situation and prepare a defence tailored to your case.