Can Dismissed OVI Be Expunged in Ohio?

Understanding Ohio’s OVI Laws and Expungement Process

Ohio is known for having some of the strictest driving/operating under the influence (DUI/OVI) laws in the United States. Penalties for each successive OVI charge that you receive grow in severity, with the penalties for a first time OVI charge starting at potential jail time, criminal fines that start at $375, and driver’s license suspension. For a first OVI charge, a judge can also order a driver who has been convicted to do additional activities such as being required to undergo addition treatment and use an in-vehicle alcohol breath-testing device once driving privileges have been returned.

With the harsh penalties of an OVI charge of any number in mind, you may be wondering about a few different things including whether or not an OVI can be expunged at all in Ohio. An OVI charge on your record can leave you facing long lasting impacts on your driving record.

Below, we answer whether or not an OVI can be expunged and if a dismissed OVI can be expunged as well.

Can an OVI be Expunged in Ohio?

An OVI charge is a very negative mark on your driving and criminal record, no matter how you look at it. But unfortunately, if you have been convicted of an OVI, there is no way to expunge the OVI charge from your criminal record.

And while there are some cases in which you are able to have a criminal charge expunged in Ohio, including if you are facing a first time, non-violent offense, any charges related to driving or operating under the influence are not eligible for expungement. An OVI charge will stay on your permanent record for the rest of your life.

With that in mind, it is important to note that an OVI charge on your record will not impact other potential expungements you may seek for a non-violent first-time offense.

If you are being charged with an OVI in Ohio, be sure to consult with a Columbus OVI lawyer as soon as possible. Since an OVI charge cannot be expunged, ensuring that you have experienced legal representation on your side is important. Working with a criminal defense lawyer is the best way to address an OVI charge, as they will be able to help you fight the charge by putting together a defense.

Can a Dismissed OVI Be Expunged in Ohio?

While there is no way to expunge an OVI charge that you have been convicted of, there is still the possibility of having a dismissed OVI expunged from your record. If you and a Columbus OVI lawyer seek a dismissal for an OVI charge, you will typically employ one of the following approaches:

• Challenging the traffic stop and its validity.
• Challenging any type of testing that was performed, including breathalyzer tests and field sobriety tests.
• Proving that you were not actually driving under the influence of drugs or alcohol.

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.

Section 2593 of the Ohio Revised Code oversees post conviction 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 are eligible to expungement and sealing.

Be sure to reach out to The Maher Law Firm if you have any questions about whether or not your dismissed charge can potentially be expunged. We handle sealing of records and expungements regularly, and can answer any questions you may have.

Connect with an Experienced Columbus OVI Lawyer Today

If you are facing OVI/DUI charges in Ohio, you do not have the option of seeking an expungement of the charge if you are convicted. And while you can choose to represent yourself in your case, we highly recommend working with an experienced Columbus OVI lawyer as you seek to defend yourself against an OVI charge.

OVI charges in Ohio carry harsh consequences for any driver who is convicted, including criminal fines, potential jail time, and driver’s license suspensions. But with the help of a Columbus OVI lawyer from The Maher Law Firm, you will have aggressive legal representation on your side from a criminal defense attorney with over 10+ years of experience. Colin Maher, founder and OVI lawyer, will take over the work of building a strong defense for your case including collective evidence and ensuring you understand your rights as your case moves forward.

We offer completely free and confidential consultations to individuals in Columbus and the surrounding areas. A consultation will help us get a better understanding of your unique situation and how we may best be able to represent you.

To schedule a free and confidential consultation with our Columbus OVI lawyer, you can contact us over the phone at 614-205-2208 or by connecting with us online.