DUI Expungements Still Not A Reality In Ohio
Ohio Senate Bill 143 (OH SB143) was passed in the Senate June 4, 2014, and signed by Gov. John Kasich June, 2014. The new expungement law shall become effective September 19, 2014. This follows the 2012 change to Ohio’s expungement law (Ohio Senate Bill 337) which changed the requirement of “first offender” to “eligible offender,” expanding the types of convictions and how many convictions that a person can seal and expunge from their criminal record. Under the new law, even more people may be eligible for an expungement. Are DUI charges now eligible for expungement? No!
Significant provisions of the new law include:
•Applicants are now eligible to seal up to two misdemeanor convictions, regardless of whether the two convictions are for the same offense.
• Clarifies that orders to seal records apply to entire case records and not just records of convictions.
• Applicants are permitted to include records for more than one case in a single application. Charging $50 for each case an applicant requests to have sealed is prohibited.
• The court is no longer required to send notice of orders to seal records by certified mail, return receipt requested.
Under the new law, a person with two convictions for the same offense may now qualify for an expungement. The power to expunge still resides within the discretion of the court, so it is important to seek the advice of competent counsel to help you through this process.
What about DUI charges?
Like many other aspects of the law, DUI/OVI/Drunk Driving offenses are treated differently. OVI (R.C. 4511.19) and Physical Control (R.C. 4511.194) are specifically excluded.
Charles M. Rowland II is a Dayton DUI Attorney, handling OVI cases in Fairborn, Beavercreek, Xenia, Springfield, Oakwood, Miamisburg, Centerville, Vandalia, Huber Heights and throughout the Miami Valley. If you need to speak to him, call (937) 318-1384.