Can a DUI ever be expunged or sealed?

[duder77]

What is the name of your state? Ohio

I plead guilty to DUI in May of 2003. Are there any circumstances where I can get this removed from my record? I am particularly concerned as I am starting grad school in City Planning. Many planner jobs require that you be able to get a Commercial Drivers License or that you not have any DUIs on your record.

It will be seven years since my conviction by the time I graduate. Can I make any kind of case that I will suffer an additional penalty due to having the DUI on my record? How is it that the state can take one class of misdemeanor and apply a separate set of rules than it applies to other misdemeanors? Is there some kind of constitutional issue here?

Thanks in advance.

[brad_wiu82]

Most states don't allow DUIs to be expunged/sealed. I live in Illinois and the only two offenses that cannot be expunged or sealed are DUIs and any sexual offense committed against a minor younger than 18. They classify drunk drivers with child molesters...makes me feel better. As far as Ohio is concerned, here's a direct quote from a lawyer's webpage who specializes in the expungement/sealing criminal records, "If you were convicted of a crime because you entered a guilty plea or were found guilty by a judge or jury, you can apply to expunge the conviction from your record. There are several crimes that cannot be expunged, including violent crimes such as murder /manslaughter, sex offenses, drunk driving (DWI / DUI/ OVI) and domestic violence." Possibly try and get a pardon from the governor?

As far as the CDL issue is concerned, I don't follow.

[elmuchoprez]

I know no one is probably interested in hearing me whine about this one, but I'm going to do it anyway because despite the many minor issues I have with the way DUI law is handled, this is one area I have a huge problem with.

It is completely asinine to prevent non-violent DUI expungement. That is, if it was your first offense and nobody was hurt and there was no property damage and your BAC was under X amount, then I see no reason that needs to follow you around 10 or 15 years after the fact.

The world of DUI is filled with lots of users and abusers, multiple offenders and general low lifes... but it's also got a whole lot of normal upstanding people that made one bad decision, paid their fines, went to their programs, and learned their lesson and haven't had any problems since then.

DUI is dangerous; it does kill people and I'm not saying non-violent DUI's shouldn't have serious consequences... but come on, many DUI's, heck I'll even go out on a limb and say the majority, are not on the same level as murderers and child molesters.

I'll shut up now; I just get really frustrated every time I think about this particular topic.

[FlyingRon]

Looks like once you serve your probation, and pay your fees, you can get expunged in Ohio (as far as criminal records go). Don't know about driving records.

[BigMistakeFl]

Many people would agree with you. I'm in the fence-post, often finding the DUI system unfair. Then I read an article in the morning paper about another family killed and wonder if casting a very broad net might be appropriate after all. Catch a bunch of people who made bad choices and whose BAC may have been hovering around the "legal limit", and also possibly catch serial offenders who are a real threat to innocents.... maybe that's a fair formula after all.

I do know this: The DUI laws including arrest and prosecution are in place now. If you want to change them, you'll have a rough time getting any elected official to touch it. The best thing you can do is educate people who are out there driving after having a few, and who think that they are within the law and their rights and who are certain that they are not impaired.