Can a DUI Be Expunged?
DUI Attorneys in Cincinnati
For those unfamiliar with the term “expungement,” it basically means a court places a confidential seal over a former offender’s criminal record, essentially shielding its contents from most agencies and individuals. A DUI expungement can be extremely helpful to anyone looking to secure gainful employment or enroll in school, as these processes often entail a criminal background check.
However, not all offenses are eligible for expungement – and former offenders are out of luck when it comes to getting a DUI expunged in Ohio.
How does Ohio law define an ‘eligible offender’ for purposes of expungement?
Under Ohio Revised Code § 2953.31, an eligible offender is someone who has:
- Only one felony conviction
- Not more than two misdemeanors, or
- Not more than one felony and one misdemeanor
This sounds promising because I have only had one DUI conviction. Does Ohio law consider me an ‘eligible offender?’
Unfortunately, no. O.R.C. § 2953.36 details several exceptions to the expungement laws, which include the following categories of crimes that a court will not expunge from one’s record:
- Convictions carrying a mandatory prison term
- Nearly all forms of sex offenses
- Offenses involving violence
- Any first or second degree felony, no matter the crime
- “Traffic cases” involving “one or more violations of a law…governing the operation and use of vehicles” or “conduct of pedestrians in relation to vehicles,” which includes driving under the influence
Is there any hope for an expungement despite these exceptions?
DUI, or OVI, charge is not eligible for expungement no matter the circumstances – even if the offense involved a very low blood alcohol content or occurred several years ago.
Contact a Cincinnati, Ohio DUI/OVI attorney today!
To learn more about DUI/OVI defense, or to discuss your options in expunging a traffic ticket or minor misdemeanor, please contact a DUI attorney from The Farrish Law Firm, L.P.A. right away at 513-549-0611.
ATTORNEY KELLY FARRISH
Kelly Farrish always knew he wanted to be an attorney, but he the path he took to get there isn’t like most. He served five years in the United States Air Force and did two voluntary years in South Vietnam. When he returned to Cincinnati, he worked the midnight shift as a technician at Cincinnati Bell, all the while attending college full time year round for three years. He graduated Cum Laude from the University of Cincinnati. [ ATTORNEY BIO ]
"His years of experience and knowledge were clearly evident and un-refutable. From the moment we met him we had absolutely no doubt that we had complete professionalism at our service and we could not have chosen a more qualified attorney."
"I had a number of charges and ended up getting acquitted of all of them. I truly believe his knowledge and persistence is what got me through this case. I am very grateful and highly recommend him for his services."
"I highly recommend Mr. Farrish. He is very thorough and is well liked by all of the courts. A genuine attorney and you couldn't find a better in the area."
"The absolute best DUI lawyer in the tri state. Just short of a miracle worker"
Did you know there’s no real difference between the terms DUI, DWI, OMVI, and OVI? Ohio’s used all of these acronyms at one point or another in our history. Check out the timeline below and what they stand for here![...]
