Is it possible to have a DUI third offense felony charge expunged from my record in ohio?

Asked over 5 years ago - Middletown, OH

I have three DUI's on my record from over 7 years ago. No prior criminal record and nothing since then, not even so much as a speeding ticket.

Attorney answers (4)

  1. 1

    Lawyer agrees

    Answered . No.

  2. 1

    Lawyer agrees

    Answered . Attorney Drain is correct. Furthermore, a DUI in Ohio cannot be expunged AND it prevents you from expunging any other offenses.

    Dan J. Weisenburger
    Attorney at Law

    www.OhioCrimeLawyer.com

  3. 1

    Lawyer agrees

    Answered . Unfortunately, in Ohio, DUI offenses are never expungable and would make you ineligible for expungement of any other offense on your record. Pursuant to 2953.36(B), a conviction for a violation under chapter 4511 (DUI) or a substantially similar municipal ordinance, is ineligible for expungement.

    Regardless, a common misconception is that you can expunge an offense when you have more than one offense on your record. You must be a "first offender" to be eligible for expungement. "“First offender” means anyone who has been convicted of an offense in this state or any other jurisdiction and who previously or subsequently has not been convicted of the same or a different offense in this state or any other jurisdiction." There is a limited exception: "when two or more convictions result from or are connected with the same act or result from offenses committed at the same time, they shall be counted as one conviction."

    Basic rule: if the offense is eligible, you get one bite at the apple, when there is only one apple on the tree, and there haven't been any apples on the tree in the past.

  4. 1

    Lawyer agrees

    Answered . In Ohio, DUI/OVI is not expungeable whether it's a misdemeanor or felony. That is why it's important to fight every OVI/DUI charge.

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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