Ohio DUI law and expungment, am I eligible? Expungment is the legal method of sealing the record of a prior conviction. Generally, you attorney will file an Application for Expungment. The Court will then undertake an investigation, often consisting of a face-to-face interview with the investigator. If you application is granted the Court will “seal” your record, meaning they physically remove your conviction from the general court records making it “invisible” to the public. Once expunged, your conviction should not appear on any background checks. This does not apply if your background check is done for certain government jobs, in which case the FBI’s National Crime Information Center (NCIC) database will maintain a record of the arrest.
Under the “old” law a DUI (now called OVI) was not expungeable and prevented a person from qualifying as a first offender, making expungement for offenses committed subsequent to the DUI non-expungeable. However, Senate Bill 337 (The Collateral-Sanctions Reform Bill), signed into law in September 2012 changed the law to allow a person who has one DUI conviction to still be eligible for expungment of another criminal conviction. The result is that many more people are now eligible for expungment under Ohio law.
The law still states that even if another charge was dismissed when you were convicted of DUI, the dismissal can only be expunged if happened separately from the DUI. DUI convictions are not eligible for expungement from a criminal record. Having a DUI conviction also means that any further offenses will not be able to be expunged. This is one of the collateral impacts of pleading to or being found guilty of a DUI that should be discussed with an attorney.
People with the following convictions or combination of convictions will be eligible for an expungement and sealing of their record: 1) one felony conviction; or 2) one misdemeanor conviction; or 3) one felony conviction and one misdemeanor conviction even if they are not related to the same case, or 4) two misdemeanor convictions even if they are not related to the same case. For an analysis of Ohio DUI law and expungment in the new law click here. To read the bill in its entirety click here.
Ohio DUI law and expungment is a complicated area of law. In addition, this is a new law and will surely be the subject of judicial interpretation. Take some time to sit down with a lawyer to discuss your Ohio DUI and expungment issues.
OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”
Ohio DUI law and expungment information and other city-specific info at the following links: