My dui was dismissed. Can city still list dui as a dui, without stating that it was dismissed. Can I get the record changed.

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My dui was dismissed, but city where I was arrested still has it listing as dui without stating that it has been dismissed. Do I have the right to have that changed.

Attorney Answers

4
David Bingaman ·
If a charge has been dismissed then the status of the charge should accordingly be updated. Check with the clerk in your city to verify that the status has been updated. There may be a time lag before case is updated in the computer system. I would check back with the clerk regularly to ensure that the status reads as dismissed. What you don't want to happen is for the case to get slipped through the cracks and then the case one day shows as pending when a background check is ran on you. Good luck.
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David Willis ·
The other answer is good, but I would add to check with a local Attorney concerning Ohio law. In Tennessee you would have the right to have a dismissed charge expunge from public records. Most states should have some form of action to expunge dismissed charges and you may qualify for that process. If available be sure to keep a copy of the order expunging the charge for future reference. Good Luck.
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John Kaman ·
As a general rule out of state lawyers know NOTHING about the law in your state. As I practice in CA that includes me. You need to consult with an OH lawyer about your criminal record.
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Jon Saia ·
The court records should indicate that the charge was dismissed if it was, in fact, dismissed. Many times, a DUI charge is amended to reflect a different charge and the DUI charge is not outright dismissed. You may need to present a copy of the final Entry in your case to the clerk and request the court records be updated to reflect the actual outcome of the case. In addition, you should check with the BMV to make sure you driving record reflects the actual outcome.
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