Can Dismissed OVI Be Expunged in Ohio?

Understanding Ohio’s OVI Laws and Expungement Process

Ohio is known for having strict enforcement of laws prohibiting driving/operating under the influence (DUI/OVI). The penalty structure provides increased mandatory minimum penalties for each previous OVI conviction a person may have.  The maximum penalties allowed also increase depending on a person’s history of OVI convictions.  This means more mandatory jail and higher fines for each OVI conviction after the first.

As an example, for a first OVI conviction, a judge must impose 3 days jail or a 72-hour driver intervention program, a $375 fine, and a 1-year license suspension (other penalties possible). For a second OVI conviction, the penalties a judge MUST impose increase to 10 days in jail, a $525 fine, and a 1-year license suspension.  Please note, these are the mandatory minimums a  judge must impose.  The maximums will also increase i.e. up to 3-year license suspension on a first OVI conviction v. up to 7-years on a second conviction.

Given the increasing penalties with each conviction, you may be wondering if previous OVIs can be removed from a person’s record in Ohio.

Can an OVI be Removed from Person’s Record in Ohio?

An OVI is a bold negative mark on a person’s record of criminal and traffic convictions. Unfortunately, if you have been convicted of an OVI, there is no way to have it removed from your record (aside from long shot i.e. pardon).   The OVI conviction will stay on your permanent record for the rest of your life.

If you are being charged with an OVI near Columbus, Ohio, be sure to consult with a Columbus OVI lawyer as soon as possible.

Can a Dismissed OVI Be Expunged in Ohio?

While there is no way to expunge an OVI conviction, it is possible to have a dismissed OVI removed from your record.

Section 2593 of the Ohio Revised Code oversees postconviction remedies, including the sealing of official records after dismissal of proceedings and lays out the process for seeking expungement. Both minor and serious offenses that have been dismissed can be eligible for expungement and sealing. Be sure to reach out to The Maher Law Firm if you have any questions about removing criminal and/or traffic matters on your record. We handle sealing of records and expungements regularly, and can answer any questions you may have.

Key Factors for Expungement:

• Dismissal: The OVI charges must have been dismissed by the court, not merely dropped or reduced to a lesser offense.
• No Other Convictions: There should be no other convictions related to the same incident.
• Time Elapsed: Specific waiting periods may apply before you can file for expungement.

The Expungement Process:

1. Consultation: Consult with an attorney experienced in Ohio expungement law. They can advise you on your eligibility and guide you through the process.
2. Filing: File a petition with the court where the OVI case was heard.
3. Hearing: The court may hold a hearing to determine if you meet the requirements for expungement.
4. Decision: If the court approves your petition, the dismissed OVI record will be sealed.

Important Considerations:

• Legal Representation: It’s strongly recommended to have legal counsel to navigate the expungement process and ensure your rights are protected.
• Timely Action: Filing for expungement promptly after a dismissal can be beneficial.
• Future Impact: While expungement can help remove a dismissed OVI from public records, it may not eliminate all potential consequences, especially if the conviction was recent or involved other factors.

If you are able to get an OVI charge dismissed and you are not facing any other criminal convictions related to the same case, you can file to have that dismissed OVI charge expunged.

Connect with an Experienced Columbus OVI Lawyer Today

If you are facing OVI/DUI charges near Columbus, Ohio, you now know an OVI conviction remains on one’s record permanently. While you can choose to represent yourself in court, we highly recommend working with an experienced Columbus OVI lawyer to assist with defending against an OVI charge.

With the help of a Columbus OVI lawyer from The Maher Law Firm, you will have diligent legal representation on your side from a criminal/traffic defense attorney with over 15+ years of experience. Colin Maher, founder and Columbus criminal/traffic lawyer, offers completely free and confidential consultations to individuals with cases in Columbus, OH and the surrounding areas. A quick chat will help him get a better understanding of your unique situation and how he may (or may not) be able to help.

For a free and confidential phone consultation with Columbus OVI lawyer Colin Maher, call him at 614-205-2208 or drop him a quick note online.