Can a DUI be expunged in Ohio?

Whether a DUI can be cleared at all

Ohio Rev. Code § 2953.32 does not apply to convictions under Chapter 4511 of the Revised Code, the chapter that contains the OVI offense in § 4511.19, so an OVI conviction cannot be sealed or expunged. A separate section, Ohio Rev. Code § 2953.33, allows a person found not guilty, named in a dismissed complaint, indictment or information, or against whom a grand jury returned a no bill, to apply to seal or expunge the record of that case.

“Sections 2953.32 and 2953.34 of the Revised Code do not apply to any of the following: (a) Convictions under Chapter 4506., 4507., 4510., 4511., or 4549. of the Revised Code, or a conviction for a violation of a municipal ordinance”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not cleared. An OVI conviction stays on the record the Ohio Bureau of Motor Vehicles keeps, because Chapter 4511 convictions are excluded from sealing and expungement. Ohio Rev. Code § 2953.34 also allows the registrar of motor vehicles to inspect a record that has been sealed for the purpose of assessing points under § 4510.036. The BMV describes its Driving Record History as a record of all moving violation convictions, accident involvement reports and other actions resulting in suspensions or revocations maintained in the BMV database.

“By a court, the registrar of motor vehicles, a prosecuting attorney or the prosecuting attorney's assistants, or a law enforcement officer for the purpose of assessing points against a person under section 4510.036 of the Revised Code or for taking action with regard to points assessed.”

What else sits on that record: suspensions and points in Ohio.

How long the wait is, and from when

No waiting period applies to an OVI conviction, because Ohio Rev. Code § 2953.32 excludes Chapter 4511 convictions from sealing and expungement altogether. Where a case ended in a not-guilty finding or a dismissal, Ohio Rev. Code § 2953.33 allows the application to be filed at any time after that entry is made on the minutes or journal of the court; where a grand jury returned a no bill, the application may be filed two years after the no bill is reported.

“the application may be filed at any time after the finding of not guilty or the dismissal of the complaint, indictment, or information is entered upon the minutes of the court or the journal, whichever entry occurs first”

Automatic or by petition

Ohio clears adult criminal records only on application to the court. Ohio Rev. Code § 2953.32 requires an eligible offender to apply to the sentencing court, and § 2953.33 requires an application for a not-guilty finding, a dismissal or a no bill. Neither section provides for automatic clearing without a filing, and both exclude nothing from the ordinary hearing and prosecutor-objection process.

“Upon the filing of an application under this section, the court shall set a date for a hearing and shall notify the prosecutor for the case of the hearing on the application not less than sixty days prior to the hearing.”

Where it is filed, and what it costs

Ohio Rev. Code § 2953.32 states that the court sets a hearing date and notifies the prosecutor at least sixty days before the hearing, holds the hearing between forty-five and ninety days after the application is filed, and directs a probation officer or county probation department to make inquiries and written reports about the applicant. The prosecutor may file a written objection at least thirty days before the hearing. An applicant who presents a poverty affidavit showing indigency does not pay the application fee.

“Upon the filing of an application under this section, the applicant, unless the applicant presents a poverty affidavit showing that the applicant is indigent, shall pay an application fee of fifty dollars and may pay a local court fee of not more than fifty dollars”

Whether a cleared DUI still counts as a prior

Ohio Rev. Code § 4511.19 raises the penalty for an offender who has a prior OVI or equivalent offense within ten years of the new offense. Ohio Rev. Code § 2953.32 adds that on conviction of a subsequent offense a sealed record of a prior conviction may be considered by the court in determining the sentence or other appropriate disposition.

“an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to one violation of division (A) of this section or one other equivalent offense is guilty of a misdemeanor of the first degree”

The statute: Ohio Rev. Code § 2953.32

“an eligible offender may apply to the sentencing court if convicted in this state, or to a court of common pleas if convicted in another state or in a federal court, for the sealing or expungement of the record of the case that pertains to the conviction, except for convictions listed in division”