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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27682
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I just recently went through the process of getting a CBPs

Customer Question

I just recently went through the process of getting a CBP’s Trusted Traveler stamp for my Passport from the US Customs Dept. During the process they pulled my drivers license and I was surprised to find out that I had a DWI from Ohio in 1992. I was still able to receive the CBP Stamp however I would like to see if I can o something to get this expunged from my record. The incident took place in a very small town in Ohio and there are many mitigating circumstances to the incident.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 5 years ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today.

Ohio law allows a person to apply to the court that sentenced you to have a first offense expunged from his record, once three years have passed from the conviction. Ohio Rev. Code, Section 2953.32. SInce this happened in 1992, as long as you have no other convictions, you will be able to have it removed. Here is more information on the process:
http://www.clelaw.lib.oh.us/public/misc/faqs/
expungement.html

Here is the form, with instructions.
http://www.reentrycoalition.ohio.gov/docs/expunge.pdf
Customer: replied 5 years ago.

Lucy

I appriciate your answer however in reading the the information that you refreance it discribe particular offences that you cannot have sealed, and one of thoes offences is DUI.

Expert:  Lucy, Esq. replied 5 years ago.
I apologize - I somehow missed that the original offense was a DWI.

In that case, the only option is to apply to the governor for a pardon. I will tell you, though, that pardons are almost never granted. Ohio law requires that you go through the adult parole authority first, and they make a recommendation to the governor. Ohio Rev. Code, Section 2967.07. You can explain the mitigating circumstances in the application and ask the board to recommend that the governor grant the pardon. This site has forms and instructions.
http://www.drc.ohio.gov/web/ExecClemency.htm

I don't want to discourage you from trying but, again, it's extremely difficult to get a pardon, so I also don't want you to get your hopes up. Again, I apologize.

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