CDL Masking Law: 49 CFR 384.226 Explained

The CDL masking law, 49 CFR 384.226, is a federal rule that bars states from hiding a commercial driver’s traffic convictions through deferrals, diversion programs or similar deals. It applies to anyone holding a commercial learner’s permit (CLP) or CDL, in any vehicle, including your personal car. It is the main reason the plea deals and “keep it off your record” options that regular drivers get are usually off the table for you.

Key takeaways

49 CFR 384.226 forbids states from masking, deferring judgment on, or diverting a CLP or CDL holder’s traffic conviction so it never reaches the national CDLIS driver record.
It covers violations in any type of motor vehicle, in your home state or another state. Only parking, vehicle weight and vehicle defect violations are excluded.
Deferred adjudication, withheld judgment, pretrial diversion and “dismissed after traffic school” deals are the classic examples of masking.
A legitimate dismissal or reduced charge based on real problems with the evidence or the law is still allowed.
States risk losing federal highway funds if they mask, so prosecutors and judges tend to be cautious with CDL cases.

What 49 CFR 384.226 actually says

The rule is one sentence long. Here is the full text as published in the Electronic Code of Federal Regulations (eCFR):

“The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.”

A few parts of that sentence do most of the work:

“The State must not.” The rule is written as a duty on states, which includes their courts and prosecutors. It is part of the minimum standards a state must meet to keep its CDL program in good standing.
“CLP or CDL holder.” It follows the license, not the vehicle. If you held a CDL when you were cited, the rule applies even if you were driving your own pickup.
“Any type of motor vehicle.” A DUI or speeding ticket in a personal vehicle counts the same way for masking purposes. See our guide to a CDL DUI in a personal vehicle.
“CDLIS driver record.” CDLIS is the Commercial Driver’s License Information System, the national network states use to share CDL driver records. Under 49 CFR 384.225, states must post convictions for traffic control violations by CDL holders in any vehicle to that record.

What counts as masking

Masking means any arrangement that keeps a conviction that should exist from showing up on your CDLIS record. Guidance published by the National District Attorneys Association (NDAA) for prosecutors lists these common examples:

Deferred adjudication or deferred judgment. The court holds off on entering a conviction while you complete conditions, then dismisses the case.
Diversion programs. Pretrial or prosecutor diversion where the charge goes away after classes, treatment or a waiting period.
Traffic school or defensive driving dismissals. Taking a course so the ticket is dismissed or never reported.
Adjournment pending dismissal. The case is parked and later dropped if you stay out of trouble.
Reductions with no legal or factual basis. Pleading a moving violation down to something unrelated, such as a non-moving or equipment offense, only to protect the CDL.
Conditional dismissals. Dropping a charge because you made a donation, paid a fee or have a clean history.

Surrendering or downgrading your CDL after the ticket does not get you around the rule. Guidance from the Indiana courts notes that the rule applies if you held a CDL when you were cited.

Why “conviction” is so broad

Federal rules define conviction very widely. Under 49 CFR 383.5, a conviction includes a guilty plea, a no contest plea accepted by the court, an unvacated forfeiture of bail, a finding by an administrative tribunal, and even “the payment of a fine or court cost,” whether or not the penalty is suspended or probated. So simply paying a ticket online is a conviction for CDL purposes. That breadth is why masking deals are tempting and why the federal rule closes them off.

What is still allowed

The masking rule does not require prosecutors to convict every CDL holder of the original charge. It targets hiding convictions, not honest case outcomes. Prosecutor guidance from the NDAA states that a prosecutor or judge may dismiss a case for factual or legal problems, and that even a reduction is permitted for that purpose.

Outcome	Generally treated as
Not guilty verdict at trial	Allowed. No conviction exists to report.
Dismissal because evidence was suppressed or is insufficient	Allowed when the record supports it.
Amended charge based on a real problem with the proof (for example, an unreliable breath test)	Usually allowed. The amended conviction is reported.
Deferred adjudication or diversion that ends in dismissal	Masking. Prohibited for CDL holders.
Ticket dismissed after traffic school	Masking. Prohibited for CDL holders.
Moving violation reduced to a parking or equipment offense with no factual basis	Widely viewed as masking.

The gray area is plea bargaining. Courts and officials do not all read the rule the same way. In February 2022 the Kansas Attorney General (Opinion 2022-2) concluded that plea amendments with no evidentiary basis violate federal masking rules. In May 2026, a New York trial court, the Syracuse City Court in People v. Lacmanovic (2026 NY Slip Op 26078), held that 384.226 applies to convictions, not pending charges, and allowed plea negotiations to go forward in a CDL holder’s case. Expect your local prosecutor’s office to have its own policy.

How states and courts apply it

Every state has to build the masking ban into its own law or court practice. A few examples show how that looks on the ground:

Texas. Article 42A.102 of the Texas Code of Criminal Procedure bars deferred adjudication for DWI and related charges when the defendant held a commercial driver’s license or commercial learner’s permit at the time of the offense.
North Carolina. According to the UNC School of Government, a prayer for judgment continued counts as a conviction for a CDL holder and must be reported, and judges should decline statutory deferred prosecution for CDL holders facing motor vehicle charges.
Indiana. Indiana Code 9-24-6.1-2 adopts the federal rule and overrides prosecutor deferral programs for CDL and CMV traffic cases.
Kansas. State law (K.S.A. 8-2,150) bars diversion that would keep a CDL holder’s traffic conviction off the record. The 2022 Attorney General opinion found that a Kansas DUI diversion is still lawful because Kansas law defines it as a conviction and it is reported.

The pressure on states is real. Under 49 CFR 384.401, a state found out of compliance with the CDL standards can lose up to 4 percent of certain federal highway funds after the first year and up to 8 percent after later years. Under 384.405, FMCSA can also decertify a state’s CDL program, which stops it from issuing, renewing, transferring or upgrading CDLs. Reporting failures also make the news. In late 2024, the Illinois Secretary of State asked FMCSA to audit one county’s disposition reporting after a DUI conviction for a CDL holder was not reported to the state.

Why plea deals are different for CDL holders

For most drivers, a first DUI often ends with a plea to a lesser charge, a deferral, or a diversion program. For you, three things change the math:

The usual off ramps are closed. Deferrals and diversion that end in dismissal are exactly what 384.226 prohibits.
Lesser charges still count. A plea to reckless driving is a “serious traffic violation” under Table 2 of 49 CFR 383.51. Two of those in separate incidents within 3 years means a 60 day disqualification, and three means 120 days. A deal that looks mild for a car driver can still cost you work.
The stakes are federal. A first DUI or refusal conviction is a 1 year CMV disqualification (3 years with hazmat), and a second is a lifetime disqualification. See our breakdown of CDL DUI penalties and refusing a breath test with a CDL.

Three examples

Deferral offered. A CDL holder arrested for DUI in a personal car is offered the county’s first offender deferral program. Because the person holds a CDL, the court should not allow it, and the case must end in either a reported conviction, a dismissal on the merits, or an acquittal.
Evidence problem. A breath test result is thrown out because the device was not properly maintained. With the key evidence gone, the prosecutor amends the charge to reckless driving. That is a reduction with a factual basis, and the reckless driving conviction goes on the CDLIS record.
Ticket swap. A driver cited for going 20 mph over in a tractor trailer is offered a plea to a “defective equipment” charge for a higher fine, even though nothing was wrong with the truck. That is the kind of deal masking rules are written to stop.

What this means for you

Do not assume an offer that sounds clean really is. Before you plead or pay anything, find out exactly what conviction will be entered and how it will appear on your CDLIS record. A lawyer who regularly handles CDL cases knows which outcomes your local courts accept and can look for real defenses, which is the legitimate path to a better result. Read do you need a lawyer for a CDL DUI and how to keep your CDL after a DUI, and talk to a licensed attorney in your state. To see what a given conviction could mean for your license, use our free CDL disqualification checker.

Frequently asked questions

Does the masking law apply if I was driving my own car?

Yes. The rule covers a CLP or CDL holder’s traffic convictions in any type of motor vehicle, so a ticket or DUI in your personal car is covered.

Can I take traffic school to keep a ticket off my record?

Generally no. Dismissing a CDL holder’s moving violation after a traffic school or defensive driving course is a common example of masking. Only parking, vehicle weight and vehicle defect violations fall outside the rule.

Is all plea bargaining banned for CDL holders?

No. A dismissal or reduced charge based on genuine problems with the evidence or the law is allowed, and the resulting conviction, if any, is reported. Reductions made only to protect the CDL are widely viewed as masking, and how strictly this is applied varies by state and court.

If I surrender my CDL, can I get a deferral?

Usually not. The rule looks at whether you held a CLP or CDL when the offense happened, so downgrading afterward does not make you eligible for deferral or diversion.

What happens to a state that masks convictions?

FMCSA can find the state out of compliance, withhold up to 4 percent of certain federal highway funds after the first year and up to 8 percent after later years, and in serious cases decertify the state’s CDL program.

Sources

Know the rules before you roll

Reference

FMCSR pocketbook

A cab sized copy of the federal motor carrier safety rules, including the CDL disqualification tables.

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Personal testing

Fuel cell breathalyzer

A personal check before duty can flag alcohol still in your system, though it is not a substitute for waiting it out.