Can You Receive a DUI Expungement?
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 application for expungement is granted, Ohio courts follow a process known as sealing the record. This means the record of one's criminal conviction are actually physically removed from the general court records, sealed under court order, and no longer are available to the public. Once the record is sealed, the record of your conviction should not show up on background checks.
There are certain offenses under Ohio law that cannot be expunged. 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, OMVI, DUI, DWI, they would not be eligible for an expungement.
In addition, a DUI conviction will preclude a person from receiving an expungement of a criminal conviction. Regardless of whether you were convicted of the DUI prior to, or subsequent to the conviction for which you seek an expungement. In cases where a person who has been charged with DUI, but the case was reduced to a charge other than DUI, that person may still be eligible for an expungement. It is important in these cases to consult with an expungement attorney to determine if you may still be eligible to have your criminal conviction sealed.