Can a traffic conviction be expunged and sealed in Ohio?
Yes, if the case circumstances fit into an exception to the general rule that traffic convictions are not eligible for expungement and sealing in Ohio. This little-known exception under the Ohio Expungement statute permits a traffic conviction along with dismissed charges arising out of the same case to be expunged and sealed. See an example of our recent case below…
Recent Case Example
Recently we were contacted by a person seeking to expunge records from a traffic case arising out of drunk driving – OVI / DUI case. They had been told by other law firms they were not eligible and there was nothing they could do about their record. They were discouraged. We advised them, regardless of what they were told, they were eligible under a little know exception of the Ohio expungement statute. Then they hired us… (see our client’s own words below)
Facts of The Case
This person had attended a dinner party where they had wine with dinner. On their way home, they were stopped by a police officer for not having their headlights on. Once the officer noticed an odor of alcohol, you know what occurred next… They were arrested for two counts of OVI / DUI and cited for failure to display headlights.
Plea Bargain and Reduction of Charges
At court, their attorney obtained a plea bargain in which one count of OVI / DUI was reduced to a traffic conviction for Reckless Operation of Motor Vehicle (“ROMV”), the other count of OVI / DUI charge was dismissed, and the headlight violation was dismissed.
Even though our client obtained a good out-come of her OVI case, they still had a permeant record for the traffic conviction of ROMV, and the dismissed charge for OVI / DUI, and a headlight violation. This case was a public record and could be easily seen by anyone. More importantly, this criminal record threatened their ability to work in their profession.
Experience and Knowledge Make the Difference
As a former prosecutor and experienced defense attorney, with an emphasis in expungement, we monitor changes of law and know exceptions under the expungement statute, that made our client eligible. Since this was a new law, prosecutors, judges, and other attorneys were not aware of the provision. That is why when we filed the Application for Expungement, the prosecutor objected and opposed our motion. The judge admitted he had never seen this done before and there was no case law in Ohio on this exception.
We researched carefully, filed a brief, and prepared our client for testimony at the expungement hearing. Ultimately, at the day of the expungement hearing, the Judge ruled that our legal arguments were right, and the evidence we presented supported the expungement of our client’s record and over-ruled the prosecutor’s objection. As a result, our client’s traffic conviction of ROMV, the dismissed OVI charge, and the dismissed headlight violation were all expunged and sealed.
Our Client was thrilled with the results
“Attorney Mathews achieved outstanding results in my expungement matter!
Many firms I called did not even want to consider taking my case. Attorney Mathews’ paralegal answered the phone when I called, and he was immediately warm and receptive. He promised to look further into the issue at hand, and sure enough, I received a call back from Attorney Mathews in less than 24 hours. Mr. Mathews gave me a detailed explanation of what he would try to accomplish for me and of the process overall. After signing up with the firm, I was regularly and promptly communicated with, and I always had a very clear idea of what to expect next in my case.
The court hearings went smoothly as well – Attorney Mathews was thoroughly prepared each and every time, and he communicated courteously and effectively with the Prosecutor and the Judge in order to obtain the best result in my case. I appreciated that Attorney Mathews was always cordial with everyone while still accomplishing a great outcome. My expungement was ultimately granted, and I am incredibly grateful to be starting over with a clean slate. I thank Attorney Mathews and his team for their wonderful service – they are true professionals and passionate about what they do! If you are seeking an excellent expungement attorney, look no further!” – S.K.
Ohio Expungement and Record Sealing Attorney
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.