After a DUI arrest, you will need to act quickly before facing DUI charges. In order to clear a DUI record, Ohio criminal convictions must be eligible for expungement. If you search “clearing my record,” in the hopes of clearing DUI convictions, you will get an idea of what you’re up against.
While DUI/OVI charges are common, it’s not something you want to have on your permanent record. At Ernst & Associates, our legal team provides legal options to those facing a DUI conviction. In this blog post, we discuss DUI expungement under Ohio law and how an Ohio DUI expungement lawyer can help with your criminal record.
Understanding DUI Expungement
When crimes are eligible for expungement, it allows you to have your criminal record, which is part of general court records, sealed. This means it would be removed from the public record permanently.
Expunging charges is usually permitted for a non-violent first offense, keeping it from appearing on a criminal background check. Is a DUI eligible for expungement? You might be a first-time offender, an otherwise upstanding citizen who was in the wrong place at the wrong time. It is vital that you understand DUI/OVI charges and if they will always be a part of your criminal record.
Can You Expunge a DUI Conviction Under Ohio Law?
When it comes to DUI record removal, Ohio law specifically prohibits DUI expungement. If you get a DUI conviction in this state, it will remain on the public record forever. Even though a DUI charge is typically associated with non-violent offenses, harsh penalties are imposed for driving under the influence in Ohio.
DUI convictions mean that this record will not be physically removed, which can have far-reaching consequences. Your DUI conviction will appear on background checks conducted by employers, schools, landlords, and more, affecting your future for years to come.
Steps in the DUI Expungement Process
DUI expungement is not possible in the state of Ohio since any offense related to driving under the influence will remain a part of the court file. However, you must first be convicted of DUI/OVI before it can become a part of your record.
It is advised to work with a legal team during these steps to avoid a DUI conviction in Ohio. The first step will be an initial consultation and assessment of your DUI case. Next, your attorney will file the necessary paperwork and petitions prior to your court hearing.
A decision will then be made on whether you will be convicted of DUI. Although DUI expungement isn’t available in Ohio, the steps you take are vital if you want to avoid having a charge of operating a motor vehicle while intoxicated become a part of your record.
While a public defender can be appointed to you, your best defense against OVI/DUI is to hire a defense attorney who represents those facing DUI charges. Public defenders in Ohio are often overburdened with cases, making it impossible for them to provide the legal protection you deserve.
How to Fight a DUI/OVI Conviction
Although DUI expungement isn’t an available option for a conviction, there are ways to fight DUI conviction in court.
Pretrial Diversion Programs
Instead of a DUI expungement, you may be able to complete a pretrial diversion program. A pretrial diversion program may be an option if you have never been in trouble with the law before, your charges are non-violent in nature, and your actions may have been fueled by an addiction.
This probation period would require you to attend a rehabilitation program or drug classes and submit to alcohol and drug testing. You may also be assigned community service. If you choose to handle your OVI/DUI in this way, you must enter a guilty or no contest plea. With the successful completion of the program, you will avoid conviction. Additionally, if you are not convicted, then you can essentially have DUI expungement.
Strong Defense Strategy
If you do not qualify for a pretrial diversion program, then it will be up to your attorney to construct a strong defense on your behalf. This can be accomplished in a number of ways, including:
Lack of Probable Cause
When you are driving, a police officer must have reasonable suspicion that you are committing a crime to pull you over. If your lawyer can prove there was no reasonable suspicion, then they can have the evidence deemed inadmissible.
DUI Procedural Errors
For a DUI or OVI, all evidence must be collected in a way that follows proper protocols. If your attorney can show that procedure was violated, they can prove your case is not eligible for trial and avoid conviction.
Invalid DUI Test Results
Convicting someone of DUI in Ohio requires testing to prove that they are over the legal limit. When the machines used for these DUI tests are faulty, it can result in inaccurate results, allowing you to potentially have your charges dropped.
How a DUI Defense Attorney Can Help You in Ohio
Convictions for DUI and OVI in Ohio cannot be expunged. They will stay on your record, which means you must take action to defend yourself against the charges. Charges that can’t be expunged will have long-lasting consequences on your future and your freedom.
Even after serving your sentence and paying all associated fines, a DUI or OVI on your record could mean the end of your career and your social life. It can also drastically affect your finances as it will be harder to find gainful employment with a blemish on your record for all to see.
While DUI expungement isn’t available, hiring a defense attorney is the best way to avoid a DUI conviction in the first place. Ernst & Associates works on the front lines of the legal battlefield to protect your rights. Our knowledge of the applicable laws and how to overcome challenges for DUI/OVI will be an asset in your case. Contact us today to learn more about what we can do to help you with your DUI charges.
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