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Can a DUI be expunged in Ohio?

Akron, OH |

I was convicted in 2002 of DUI. Can this be expunged if so, what is the process? Do I need a lawyer?

Attorney Answers 6


  1. No. Unfortunately you cannot expunge an OVI conviction.

    Amanda Ackerman Condon
    Piscitelli Law Firm
    Cleveland, Ohio
    (216) 931-7000
    amanda@feplaw.com
    www.forjusticenow.com

    This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer.


  2. Offenses under ORC 4511 are not eligible for expungement.

    Chet Palumbo Chet Palumbo, Attorney at Law, LLC 1800 Lyons Rd Dayton OH 45458 (937) 435-8100 www.palumbodefense.com


  3. Unfortunately, it doesn't sound like it. Best of luck.

    Jasen Nielsen


  4. It's not expungeable and additionally 2953.31(A) makes DUI a prior offense and can therefore disqualify you from having an otherwise eligible offense expunged as well.


  5. More broadly, no traffic offenses can be sealed/expunged under Ohio law. Furthermore, these convictions are shared with other states due to a multi-state compact. This compact went into affect to prevent drivers from having points on their license or having their license suspended and then moving to a new state to get a new "clean" driver's license.


  6. I agree with the other responses. However, depending on the facts of your case, the Court may allow you to withdrawal you plea of guilty, and if that occurs, the Prosecutor may then consider amending the charge to an equipment violation under ORC 4513. In such a situation, the ORC would permit the Court to seal the conviction. Unfortunately, this occurs very very rarely. The Courts typically do take such action with OVI convictions, but if the conviction is limiting you professionally or personally, you may want to contact a local lawyer to investigate whether such a maneuver is possible.

    This answer is only to be interpreted as general advise in an effort to assist individuals on a very basic level. The advice provided is simply based off the very limited information provided in the questions posted on this website. The answers provided in no way result in the formation of an attorney-client relationship. Before any such relationship exists, an individual must sign an engagement letter, and remit either a flat fee or retainer fee deposit depending on the type of case. If you would like to speak further, I would happily speak with your in person or over the phone. Please note that I am only licensed to practice law in the states of Connecticut and Ohio.

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