Record sealing and expungement can be an important process when trying to achieve post-conviction goals, such as employment. These two terms are often confused, but they are actually two very different processes. This is an important distinction for Ohio, because this state offers record sealing but not expungement.

According to Ohio Revised Code 2151.355, to expunge is to destroy, delete, and erase a record so that it is permanently unrecoverable, while to seal a record is to remove it from the primary file and place it in a secure file. This secure file is only accessible to law enforcement or other legal entities specified in ORC 2953.32.

Due to Ohio’s punitive stance on OVI (known as DUI in other states) and related crimes, an OVI conviction is not eligible for record sealing under ORC 2953.36. The only OVI conviction that has a chance of being sealed is an OVIAC, and only by a judge. This makes pre-trial strategies and motions the most important when it comes to your OVI arrest. Depending on your case, hiring a qualified Ohio OVI defense attorney immediately after your arrest could give you an edge when it comes to pre-trial meetings, motions to dismiss, and protecting your rights.

Knowing that you are not eligible to seal records can be discouraging, especially when it comes to finding a job. If you have not yet been convicted of an OVI and strongly believe the court will either dismiss your case or find you not guilty, you can rely on the fact that under ORC 2953.52, all arrests and charges that do not result in a conviction are eligible for sealing. . If you have already been convicted of OVI or a related crime, such as a vehicular assault, there are still important employment considerations provided by Ohio Senate Bill 337, which went into effect on September 28, 2012.

Although SB 337 does not change the fact that your misdemeanor or felony OVI cannot be sealed or expunged, it does provide essential considerations for your future. First, under this bill, you may be eligible to find or regain employment that your conviction previously disqualified you from. This is because the bill did the following

• Created a Certificate of Qualification for Employment that will eliminate disqualifications from certain occupational licenses

• Lifted certain occupational license restrictions

• Reduced collateral penalties for people with serious crimes

Also, if you face another unrelated conviction in the future, the OVI conviction will not prevent you from sealing that crime later. The scope of what Senate Bill 337 can do for OVI cases is still being worked out by legal counsel and judges on a case-by-case basis, so some form of legal guidance in the process is recommended.