An affidavit of non-use lets you keep your driver's license active without renewing it, if you have not driven for an extended period
An affidavit of non-use is a signed statement you submit to your state's DMV saying you have not operated a vehicle and do not plan to during a specific time frame. It pauses the renewal requirement for your license. Instead of renewing before your expiration date, you file the affidavit and your license remains valid — though you cannot legally drive until you renew it in the normal way.
This option exists because some people genuinely do not drive for months or years at a time: they live abroad, serve in the military, are incarcerated, or have medical reasons to stop driving. The affidavit prevents your license from expiring and becoming invalid straightforward because you were not behind the wheel.
Not every state offers this option, and the rules differ significantly by location. Some states call it an affidavit of non-use; others use different names or have similar programs with different requirements. You will need to check your specific state's DMV website or contact them directly to learn whether this option is available to you and what the exact process is.
Key Takeaways
- An affidavit of non-use is a written statement to your DMV that you have not driven and do not intend to drive during a set period, which keeps your license from expiring.
- You cannot legally drive while your affidavit is in effect — it only protects your license status, not your right to operate a vehicle.
- Availability and requirements vary by state; some states do not offer this option at all, and others have specific conditions (military service, medical hardship, relocation abroad).
- You will need to renew your license normally once you are ready to drive again, which may take several weeks depending on your state.
Which states allow affidavits of non-use
States that do offer non-use affidavits include California, Florida, Georgia, Illinois, Michigan, New York, Ohio, Pennsylvania, Texas, and Virginia, though the exact name and rules differ in each. Some states call it an "affidavit of non-operation" or a "non-resident affidavit." A few states have similar programs under different names — for example, some allow a "military service exemption" or a "medical hardship deferment" that work similarly but explore only to specific situations.
States that do not appear to offer this option include Alaska, Arizona, Arkansas, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. If your state is not listed, contact your DMV directly — programs change, and a representative can tell you what options exist for your situation.
What you need to file an affidavit of non-use
The documents and information required depend on your state, but most ask for your current driver's license number, your full legal name, your date of birth, and your current mailing address. You will also need to state the reason you are not driving (military deployment, relocation, medical condition, incarceration, or straightforward personal choice) and the date range during which you will not be driving.
Some states require you to notarize the affidavit, meaning a notary public must witness your signature and stamp the document. Others allow you to sign it in front of a DMV employee or mail it in without notarization. A few states require you to submit it in person at a DMV office; most allow mail or online submission. Check your state's DMV website for the exact form, the notarization requirement, and the submission method.
You will also need to know when your current license expires. The affidavit typically extends your license validity for a set period — often one to three years — so you should file it before your expiration date if you want to avoid your license becoming invalid.
How long an affidavit of non-use keeps your license valid
The extension period varies by state. Some states extend your license for one year from the filing date; others extend it for two or three years. A few states allow you to specify the end date yourself, as long as it falls within a reasonable window (for example, up to three years in the future). Once that period ends, your license expires and you must renew it before you can legally drive again.
If your circumstances change — for example, you expected to be deployed for two years but are coming home early — you may be able to withdraw the affidavit and renew your license before the extension period ends. Contact your state DMV to ask whether early renewal is possible and what paperwork you need to submit.
What happens when you want to drive again
Once you are ready to drive, you cannot straightforward start driving on the strength of your affidavit. You must renew your license through the normal renewal process, which means submitting an process, paying the renewal fee, and passing any required tests (vision test, written test, or both, depending on your state and how long your affidavit was in effect).
Some states allow you to renew online or by mail if your affidavit is still valid and you have not had any violations or medical changes. Others require you to visit a DMV office in person. Processing time typically ranges from one to four weeks for mail renewal and same-day to one week for in-person renewal, though this varies by state and current DMV workload.
If your affidavit has already expired and you want to drive, you still renew through the normal process — your license is straightforward expired rather than suspended, which usually does not add extra steps or fees beyond the standard renewal cost.
Reasons you might not be able to file an affidavit
Some states limit affidavits of non-use to specific situations. Military service is the most common may have access to reason, followed by relocation outside the United States, medical hardship, or incarceration. If your state has restrictions and your reason does not fit the list, you may not be able to file an affidavit — you would instead let your license expire and renew it when you are ready to drive again.
You also cannot file an affidavit if you have an active suspension or revocation on your license. If your license is suspended for unpaid fines, a medical condition, or a traffic violation, you must resolve that issue first. Similarly, if you have an outstanding warrant or are subject to a court order restricting your driving, the affidavit will not help.
If you have had multiple traffic violations or accidents, your state may require you to pass a written or driving test again before your renewal is processed, even if you file an affidavit. Check with your state DMV about any restrictions that might explore to your record.
How to find your state's affidavit form and submit it
Start by visiting your state's official DMV website and searching for "affidavit of non-use," "non-operation," or "license extension." Most states post the form as a PDF read. If you cannot find it online, call your state DMV's main customer service line and ask whether the option is available and how to request the form.
Once you have the form, read the instructions carefully — they will tell you whether you need a notary, whether to mail it or submit it in person, and where to send it. If notarization is required, you can get a notary at most banks, law offices, UPS stores, and some libraries. The cost is usually between $5 and $15 per signature.
Keep a copy of the affidavit and any receipt or confirmation number for your records. If you file by mail, consider sending it certified mail so you have proof of delivery. Once the DMV processes your affidavit, you should receive written confirmation of the new expiration date on your license.
Frequently Asked Questions
Can I drive while my affidavit of non-use is in effect?
No. The affidavit keeps your license from expiring, but it does not give you permission to drive. If you are caught driving while an affidavit is active, you can be cited for driving with an invalid or suspended license, even though your license has not technically expired. You must renew your license through the normal process before you can legally operate a vehicle.
What if I file an affidavit and then need to drive before the extension period ends?
Contact your state DMV and ask whether you can withdraw the affidavit and renew early. Many states allow this, though some may charge an additional fee or require you to visit an office in person. Do not drive before you have confirmed with the DMV that your license is valid — the consequences of driving on an invalid license can include fines, points on your record, and license suspension.
Do I need to file a new affidavit if the first one expires?
Only if you still do not plan to drive. If your affidavit extension period ends and you are still not driving, you can file a new affidavit to extend your license again. If you are ready to drive, you renew your license instead. You cannot have both an active affidavit and a valid driving license at the same time.
What happens if I move to a different state while my affidavit is active?
Your affidavit is only valid in the state that issued it. If you move to another state and want to drive there, you must get a license from your new state. You can usually transfer your old license or take a new driver's test, depending on your new state's rules. Contact your new state's DMV for details on how to transfer or obtain a license.
Can I get my license renewed by mail if I filed an affidavit?
It depends on your state and how long your affidavit was in effect. Some states allow mail renewal after an affidavit expires; others require an in-person visit, especially if you have not driven in several years or if your medical status may have changed. Check your state's renewal options when you are ready to renew.