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Posted on: February 11, 2017 | by: admin
As an Ohio lawyer who focuses on Expungement and Sealing of criminal records, people often ask me if they can seal / expunge traffic offenses. It used to be that the answer to this question was simply, “No.” But due to some changes to the Ohio Expungement Law by Senate Bill 143, a traffic conviction may be now expunged and sealed under certain circumstances.
As a general rule, a conviction for a traffic violation cannot be expunged. But the new expungement law (O.R.C. 2953.61) provides an exception to this general rule. Now, Ohio law allows a single traffic offense to be sealed / expunged when: 1) it occurred at the same time as a criminal charge; and 2) that criminal charge was later dismissed by the court; and 3) the dismissed criminal charge is eligible for expungement. (Please note: this exception does not apply if the traffic conviction is for DUI/OVI* – 4511.19 or Physical Control of Vehicle Under the Influence – 4511.194.)
As a result of this change in Ohio Record Sealing Law, when a person has a criminal charge that was dismissed and they also had a traffic conviction that occurred out of the same case as the dismissed criminal charge, that person can now seal and expunge both the dismissed criminal charge and the traffic conviction. The court will count the entire case, the traffic conviction and the dismissed criminal charge, as one case and expunge and seal both at the same time. This was not permitted under the previous version of the expungement statute.
Here is an Example of how the new law applies:
While this is only a summary, there are other conditions and circumstances under the new statute that can affect a person’s application for expungement. It is advisable that you seek the advice of an Expungement Attorney legal counsel to be assured you will be successful and receive the benefits of an expungement.
*DUI/OVI charges that result in a dismissed traffic offense may be eligible. If you had one of these convictions dismissed, reach out to our team today.
Our law firm emphasizes expungement and sealing of criminal records in Ohio. We have been in business and located in central Ohio since 1988. We know Ohio laws related to Sealing of Criminal Record and Expungement. As trial attorneys and former prosecutors, we have the knowledge and experience to have your criminal record sealed. We handle cases in all 88 counties of Ohio.
Contact our Ohio law firm for a confidential and free expungement consultation.