(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 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 SETS or, when an electronic notice is not available, a JFS 04016, "Notice to Expunge a Driver's Abstract" (03/2012effective or revised effective date as identified in rule 5101:12-55-99 of the Administrative Code), to the BMV within seven days.
Effective: 02/01/2016
Five Year Review (FYR) Dates: 05/01/2017
Certification: CERTIFIED ELECTRONICALLY
Date: 01/05/2016
Promulgated Under: 119.03
Statutory Authority: 3123.63, 3125.25
Rule Amplifies: 3123.63
Prior Effective Dates: 5/1/12