Legal Question in DUI Law in Ohio

What can I do?

So from my last question I have been informed that I cannot have an expungement after a DUI. Does this mean that expungement is the same as sealing your records? All I wish to do is have my records sealed from the public. I did an online background check and not only found my dui's and disorderly conducts but also found a charge that was dismissed, a car accident when I was a minor (not drug or alcohol related), and all of my traffic offenses (ie speeding tickets). These things added in with my actual offenses took my record up to fourteen pages, which looks exceedingly bad when my actual convicted criminal offenses is essentially 3 disorderly conducts and two dui's. What can I do? I have a degree but do not get callbacks for jobs, and I now am having trouble being accepted to colleges for any other education. I've paid my fines and done my time, but am still paying for my mistakes, some that are now over 16 yrs. old.


Asked on 4/08/09, 10:18 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: What can I do?

Expungment and sealing the record are two names for the same process. That process is only open to a "first offender" which, under Ohio law, is defined as someone who only has one criminal conviction of any kind and who has never been convicted of DUI. Therefore, you are not eligible on two grounds. Having 3 disorderly conducts will disqualify you, because you are not a "first offender." Any DUI will disqualify you.

You did not say what your degree is in, but if it is in a field that requires a license (nursing, doctor, lawyer, engineer, etc.) your criminal record could be a problem. Even if your degree is not in a field that requires a license, the record you describe suggests a person with a substance abuse problem. Disorderly conduct is almost always related to alcohol or drug abuse, and DUI is, by definition, related to alcohol or drug abuse. That means you have 5 convictions related to alcohol and/or drug abuse over a 16 year period.

Without knowing more about your circumstancs, I don't have any specific suggestions. Clearly you need to address this perception in the interview or application process.

Good luck.

Sincerely,

Richard Cline

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Answered on 4/08/09, 10:27 am


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