(A)This rule
describes the process and criterion a child support enforcement agency (CSEA) shall
use to direct the registrar of motor vehicles to eliminate from the abstract
maintained by the bureau of motor vehicles (BMV) any reference of a previous
license suspension.
(B)When the CSEA
receives a request from an obligor whose license has been reinstated to have a
child support related license suspension reference expunged from the obligor's
drivers abstract, the CSEA shall determine the obligor's eligibility. For an
obligor to be eligible to have the license abstract expunged the following must
apply:
(1)The obligor has
provided the CSEA with a current copy of the individualized, computer system
generated BMV 2006, "Notification/Reinstatement Requirement", and the
notice does not list any outstanding reinstatement balance due for the
associated child support suspension(s); and
(2)The obligor
meets one of the following criterion:
(a)The child
support order has been terminated, and the obligor has paid the case to a zero
balance; or
(b)The obligor is
in compliance with the child support obligation, and obligor has made full
payments for at least six months prior to the month in which the obligor
requests expungement; or
(c)The obligor is
making full ordered montly child support obligation payments and has provided
the CSEA with evidence that the license suspension referenced on the abstract
has limited or hindered the obligor's employability.
(C)When the CSEA
has determined that an obligor has met the criteria to have the abstract
expunged, the CSEA shall send an electronic notice through the support
enforcement tracking system (SETS) or, when an electronic notice is not
available, a JFS 04016, "Notice to Expunge a Driver's Abstract"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code), to the BMV within seven days.
Five Year Review (FYR) Dates: 1/18/2023 and 01/18/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 01/18/2023
Promulgated Under: 119.03
Statutory Authority: 3123.63, 3125.25
Rule Amplifies: 3123.63
Prior Effective Dates: 05/01/2012, 02/01/2016, 08/01/2017