Perhaps in the past you had a bit of a lead foot. Maybe the court had a warrant out for your arrest because you failed to show up for a hearing on your seatbelt charge. Whatever the case may be, you may wonder, “Can I get that cleared up so no one can see it?” It’s a tricky response, but the answer is no, but sometimes yes.
In Ohio, a number of offenses can be sealed or expunged from your record. Unfortunately, driver’s license violations, under O.R.C. Chapter 4507, and motor vehicle violations, under O.R.C. Chapter 4511, do not fall into this category. Because driving offenses become part of your permanent driving record they can never be expunged (this includes OVI/DUI).
There may be a way, with some cooperation from the court and an agreeable prosecutor, to bypass the bars setup by the legislature to allow you the ability to expunge your old traffic conviction. If you would like to learn more about how this could be done, contact Attorney Robert Botnick and see how he may be able to help you clear up your past.
Last year when the Ohio House of Representatives passed HB 86, it brought about a number of changes to the courts. A major component of HB 86 was how it effected the sentencing process in common pleas courts. This included when juveniles are tried as adults, known as bindovers.
If a juvenile had his case “bound over” from juvenile court to adult court because of the charges and/or his juvenile record, he had to be tried and sentenced as an adult. Today if a juvenile is convicted, whether at trial or through a plea, of a non-mandatory bindover offense, he must be returned to juvenile court to face sentencing there. It also results in having the adult case expunged automatically! This is a newer procedure known as a “reverse bindover.”
Of course not every case is eligible for a reverse bindover, and not every reverse bindover will remain in juvenile court, but the possibility of facing a juvenile disposition rather than an adult sentence is a major step forward. Contact me to see if you or someone you know may be eligible for a reverse bindover and how we can avoid an adult sentence to prison.