Will an OVI Charge or Conviction Show Up on a Background Check?
You don’t want a drunk driving charge showing up on a background check when you apply for a job or housing in Ohio, particularly if the charge was a felony. Unfortunately, an OVI conviction will likely appear on a background check, even if the charge was a misdemeanor. A charge that did not result in a conviction, such as if the authorities dropped the case against you, will also show up on many background checks. Because of how a drunk driving charge or conviction can wreak havoc on your life, it’s crucial to work with an Ohio OVI defense lawyer to minimize its effects.
Can You Seal or Expunge an OVI Charge or Conviction in Ohio?
Ohio law does not allow you to expunge or seal an OVI conviction. The relevant statute specifically states that convictions under Chapter 4511 of the Ohio Revised Code are not eligible for expungement, and that chapter includes Ohio’s drunk driving laws. The law makes no distinction between misdemeanor and felony convictions, as both types of drunk driving charges are ineligible for expungement.
Ohio also doesn’t allow you to expunge or seal a record of an OVI charge that didn’t result in a conviction. Unfortunately, that means there’s no way to avoid an OVI charge or conviction from showing up on a background check. Many would argue that this system is unfair, but it’s the law for now.
How To Handle an OVI Charge or Conviction on Your Record
Since you can’t seal or remove the record of an OVI charge or conviction in Ohio, you must find other ways to address the problem if you know or suspect someone is about to run a background check on you. Start by being honest. If you know a potential employer, landlord, or licensing agency will run a check, be upfront about your record before they find it themselves. This step lets you explain the circumstances and show that you’ve learned from the experience.
Next, gather supporting documents that show you’ve taken responsibility for your actions, such as proof of completing a court-ordered program, counseling, or a clean driving record since the incident. Letters of recommendation can also help build your case. If the authorities dropped your charges or a jury found you not guilty, you can show records of the dismissal or not guilty verdict to whoever’s running the background check.
When job hunting, look for employers who are open to hiring people with criminal records. Some companies and industries are more understanding than others. A strong résumé, good references, and a professional attitude can go a long way in shifting the focus away from your past.
Finally, if you don’t know how to move forward, talk to a criminal defense attorney. Even though expungement isn’t available, an experienced lawyer can explain how your OVI affects background checks and what to expect.
How an OVI Charge or Conviction Impacts Different Types of Background Checks
The impact of an OVI charge or conviction depends on who’s doing the background check and why. For example, most employers use commercial background check services that pull your criminal and driving records. An OVI will likely show up on both. An OVI charge or conviction could be a deal-breaker for jobs that involve driving. But for other positions, some employers may overlook your record, particularly if it’s a single offense and you’ve stayed out of trouble since. Landlords and professional licensing boards can also see OVI records, and they may view them differently depending on how long ago the incident occurred and whether it involved any aggravating factors.
Contact Our Ohio OVI Defense Lawyers for Help
While you can’t seal an OVI record in Ohio, a dismissed charge or not guilty verdict is still better than a conviction. The Law Offices of Saia, Marrocco & Jensen Inc. can guide you through the legal process and develop a strategy to help you avoid the worst consequences of an OVI. Call now or complete our contact form for a free consultation.