Dismissed Traffic Charges
Including OVI or DUI are Eligible
More Ohio courts are recognizing that dismissed traffic charges are eligible for expungement and sealing of record. This means that if you have a dismissed traffic charge, whether minor or serious, you can have the public record left behind of the charges filed against you expunged and sealed. Expungement of these records can be helpful for many occupations. This would include minor offenses or even serious traffic offenses like:
|Operating a Vehicle Under the Influence ( OVI, DUI)|
Leaving the Scene of Accident – Hit Skip (Hit and Run)
Fleeing and Eluding an Officer – Failure to Comply with Police
Reckless Operation of Vehicle
Failure to Control Vehicle
|Drag Racing (Street Racing)|
Driving Under Suspension
In a recent case, we represented a client who was employed in the health care field. They were stopped for a routine traffic offense, but eventually they were charged with Operating a Vehicle Under the Influence – OVI. They completed a diversion program and classes, and their case was later dismissed. The record of the dismissed OVI was a potential problem for their employment. They lived in another state and could not attend hearings. We obtained permission for her not to appear and we went to court on her behalf. In the end, we were successful and won her case at our hearing. However, for the reasons below, we had to carefully prepare her case to win.
In the past, courts and prosecutors have mistakenly interpreted the Ohio Statute 2953.36 to exclude all traffic offenses for expungement eligibility, which would also apply to dismissed traffic violations. However, a different code section (2953.52) that is not referenced in 2953.36 states “any person, who is found not guilty of an offense by a jury or a court who is the defendant named in a dismissed complaint, indictment, or information” may apply to the court for the sealing of their record. The statute does not mention the types of offenses, criminal or traffic, that can be sealed under this code section. As a result, we demonstrated case law from other Ohio cases that had already ruled on the issue of sealing dismissed traffic offenses, and the expungement was granted to our client.
Our client was excited to learn the good news and happy she did not have to spend time and expense to return to Ohio for the hearing. Our clients regularly recommend us because of their positive experience:
It was a really good experience working with Gregory Mathews and his team. They did a great job with my expungement case. It was fast and easy for me as I even didn’t need to be present at court ( I live 5 hours away now). They were very patient with my emails and phone calls, and always replied back to me. Overall, great experience and service. Thank you for representing me in court and sealing the embarrassing record. – V.N.
Put the past behind you. We can help you get a second chance. Our law firm has been in business since 1988, and we know the laws related to Ohio expungement and sealing. Take our on-line free expungement consultation today to determine if you are eligible.