OVI Expungement Under Ohio Law | Charles M. Rowland II
No OVI expungement under Ohio law? One of the reasons I am proud to defend OVI cases, is that these cases are unduly stigmatized. For example, if you punch someone in the nose your friends will say, “Wow, what happened?” If, however, you say you were charged with a OVI, they will say, “Oh, I’m sorry.” It is this assumed guilt that is like no other criminal offense. It erodes at our Constitutionally guaranteed right to be presumed innocent.
What makes this presumption particularly frustrating is that OVI cases are notoriously hard for the prosecution to prove. An experienced attorney can find multiple defenses. I look at the stop, the decision to remove you from the car, the administration of the field sobriety tests and the totality of the circumstances leading to your arrest. In addition, we apply the science. If you test, there are a myriad of ways to fight a chemical test.
The current OVI expungement law makes choosing the right attorney of paramount importance.
OVI expungement is a legal process that allows you to have any and all public record references to prior criminal convictions cleared and the court file of the case sealed. If your motion for expungement is granted, Ohio courts seal your criminal record. The record of the criminal conviction is physically removed from the general court records. The records are sealed under court order. The effect of an expungement is that the records are no longer are available to the public. Once the record is sealed, the record of your conviction should not show up on background checks.
Charges of Operating a Motor Vehicle Under the Influence of Alcohol cannot be expunged. As a result, if a person has received a conviction for OVI it will remain on your record FOREVER. However, Senate Bill 337 (September 2012) changed the Ohio OVI Expungement Law. The law now allows a person to have one OVI conviction and still be eligible for expungement of another criminal conviction. This change in the law now makes many more people eligible for expungement who were formerly not eligible under the old expungement statute. It is important in these cases to consult with a OVI expungement attorney to determine if you qualify to have your criminal conviction sealed. Although your OVI conviction cannot be expunged from your Ohio driving record. Driving Abstracts (the driving record that is available to your insurance company for evaluation of premiums) generally only go back three years.
Call DaytonDUI at (937) 318-1384
Because Ohio OVI convictions cannot be expunged or sealed, your conviction is a matter of public record. I have been fighting for the accused drunk driver since 1995. I have the experience and credentials necessary to fight and win your case. When you come for your free consultation, I will give you a real price and a real plan. If you hire me, you get me at every stage of your case – not an associate. You get my 24 hour number and you get a staff that is 100% dedicated to DUI defense. Need more information? Call me at (937) 318-1384 or, to learn more, visit www.DaytonDUI.com.