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Expungement of Physical Control Conviction
Anonymous5 views1 answers
I believe that a physical control can not be expunged from your drivers license record and that it will stay for 7 years. If you have a clean record prior to this conviction, does that qualify for the court aspect of the conviction to be eligible for expungement? I read the Governor has power to issue expungements... has he ever done such for a ovi or physical control? Thanks!
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Posted
on Oct 8, 2011
Physical control is a lesser offense than an OVI/DUI. It is actually a traffic conviction. Traffic convictions cannot be expunged/sealed. In Ohio, traffic convictions don't stay on your record for seven years, they stay on your record forever; just like every speeding conviction, stop sign violation conviction, seat belt conviction, etc. -- they all stay on your L.E.A.D.S. record forever.
Offenses which carry points, e.g. speeding is a 2 point offense, reckless operation is a 4 point offense, are temporary insofar as the points last on your driving record for two years. After two years the points "fall off" (as traffic attorneys and municipal prosecutors tend to say). If you accumulate 12 points in a two year period, your driver's license is automatically suspended by the BMV.
As for the Governor having power to remove a traffic conviction, I am not sure if the Governor of Ohio has the power to grant a "pardon" for traffic convictions, but that is such an unlikely possibility, even if the Governor is empowered to do so, I wouldn't waste any time researching it.
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