Criminal Defense Lawyer, Cincinnati OH

Can a DUI Be Expunged?

The potential consequences of a DUI have a ripple effect, affecting not just the legal standing but also employment, family stability, and personal reputation. For many, the first question that comes to mind is: Can this be erased? Can a DUI be expunged from my record in Ohio? It’s a natural concern, especially when you think about long-term implications on your career and personal life.

Unfortunately, Ohio has some of the toughest laws when it comes to expunging DUI convictions. Unlike some other states, where DUIs may eventually be erased from one’s record, Ohio doesn’t allow it.

While expunging a DUI conviction isn’t possible in Ohio, there are steps you can take to lessen the impact it has on your life. From sealing non-conviction records to showing evidence of rehabilitation and growth, there are ways to move forward.

What Does Expungement Mean in Ohio?

In Ohio, expungement refers to the process of sealing a criminal record from public view. Once your record is sealed, it’s as if the conviction never occurred, for most purposes.

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.

When Can You Seek Expungement?

Even though DUI convictions can’t be expunged in Ohio, there are situations where you might still be able to clear your record. Under Ohio Revised Code § 2953.31, an eligible offender is someone who has:

  • Only one felony conviction, or
  • Not more than two misdemeanors, or
  • Not more than one felony and one misdemeanor.

This means if you meet these qualifications and your DUI isn’t the conviction in question, you might still be able to pursue expungement for other offenses. The process can help improve your chances with employers, landlords, or others who may check your background.

Exceptions to the Expungement Law

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?

Unfortunately, under current Ohio law, a DUI or OVI charge cannot be expunged, no matter the circumstances. This holds true even if the offense involved a low blood alcohol content (BAC) or happened many years ago.

That said, not all hope is lost. If your DUI charge was dismissed or if you were acquitted at trial, those records may be eligible to be sealed. This means that while a conviction can’t be erased, you can still take steps to ensure dismissed or dropped charges don’t continue to show up in background checks.

How Can You Keep a DUI Off Your Permanent Record?

A DUI arrest doesn’t automatically mean your charges will remain on your criminal record for life. After an arrest, the court must still prove you are guilty beyond a reasonable doubt. You’ll have the chance to defend yourself against the charges; if your defense is successful, the charges can be dismissed or reduced, preventing them from ever appearing on your permanent record.

Hiring the right legal team can make all the difference in how your case is handled. Our experienced attorneys know the ins and outs of DUI laws in Ohio and can use this knowledge to your advantage.

We can challenge the evidence, question the legality of the traffic stop, or even dispute the accuracy of the breathalyzer or blood test results.

In addition to defending your case in court, there are other strategies to consider:

  • Plea Bargaining: Sometimes, the best option might be to negotiate a plea deal. Our attorneys can negotiate lesser charges, which may not carry the same weight or long-term consequences as a DUI conviction.
  • Pretrial Diversion Program: A pretrial diversion program is an option for individuals charged with non-violent offenses. Successfully completing the program typically results in dismissal of the charges and your record being cleared. Participants are often required to meet conditions similar to probation, such as attending rehabilitation programs, taking drug education classes, and refraining from alcohol or drug use, with regular drug testing. Additional obligations might include attending school, maintaining employment, or performing community service. The duration of a pretrial diversion program varies based on the specifics of the case but often extends over several years.
  • Maintaining a Clean Record Post-Arrest: If a diversion program isn’t available, ensuring that you adhere to all court orders and maintain a clean record can help demonstrate your commitment to responsible behavior.

Contact a Cincinnati, Ohio, DUI Attorney Today!

At The Farrish Law Firm, L.P.A., we’ve walked alongside countless clients who’ve been in your shoes. We know how overwhelming it feels to have your past mistakes follow you, and we’re here to guide you toward solutions that make sense for your unique situation.

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.

Cincinnati Defense Lawyer Kelly Farrish

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 ]

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