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National Conference of State Legislatures

Real ID Draft Regulations: Brief #7

Renewal and Re-issuance Process for Real ID Compliant Driver’s Licenses and Identification Cards

March 9, 2007

Renewal and Re-issuance Process for Real ID Compliant Driver’s Licenses and Identification Cards

On March 1, the Department of Homeland Security (DHS) issued the long awaited draft regulations on Real ID implementation.  The comment period on the proposed regulations will expire on May 8, 2007. This brief focuses on the non-compliant and temporary driver’s licenses (DLs) and identification cards (IDs). A copy of the draft regulations, previous and future briefs and other resources on Real ID are available at: http://www.ncsl.org/realid/

Renewal Requirements for Compliant Cards

The Real ID Act limits the period of validity of all DL/ID cards that are not temporary to a period that does not exceed eight years.  NCSL, governors and motor vehicle administrators recommended that states comply with this requirement. 

Under the draft regulations, remote renewals will be allowed for Real ID compliant DL/ID cards if the state has retained images or paper copies of the source documents used to issue the original Real ID DL/ID card and if no information has changed since the issuance of the Real ID compliant DL/ID card.  Prior to issuing a renewal, states are required to re-verify the identity documents used to issue the original Real ID compliant DL/ID.  DHS is considering how best to authenticate the identity of an individual requesting a remote renewal and is proposing that the state may choose to use personal identifiers such as PIN numbers or questions whose answers only the proper holder would know, or through the use of biometric information.  DHS is requesting comments on how best to authenticate remote renewals.

A holder of a Real ID DL/ID card must renew the card in person at least once every sixteen years.  Again, the state will be required to re-verify original source documents.

Renewal Requirements for Temporary Cards

Renewal of temporary licenses issued to certain categories of legal immigrants (see Brief 5 for more details on the categories), must be made in person.  The person must present valid documentary evidence that the status by which the applicant qualified for the temporary DL/ID has been extended or that the individual has qualified for another lawful status category listed in the act.

Renewal of Non-Compliant Cards

The renewal process of non-Real ID compliant DL/ID cards is not subject to the regulation.

For more information contact NCSL staff Molly Ramsdell (Molly.Ramsdell@ncsl.org, 202-624-3584), Jeremy Meadows (Jeremy.Meadows@ncsl.org, 202-624-8664) or Garner Girthoffer (Garner.Girthoffer@ncsl.org, 202-624-7753).

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