Steve Vukelic is a convicted felon who won the Democratic nomination for Jefferson County commissioner.

“The people voted me, the people know I’m running and I’m going to win the election,” said Steve Vukelic.

However, whether Vukelic wins and whether he takes the oath of office are two different things.

Vukelic has three charges on his record: a 1985 DUI conviction from Weirton, W.Va. a 1988 OVI conviction from Steubenville, Ohio and a 2001 federal felony conviction of misprision in Ohio.

Vukelic told NEWS9 he paid money to someone that he shouldn’t have.

In order to have that felony record sealed so he can take office if elected in November, Vukelic filed a motion in Jefferson County Court Jan. 25, 2008.

But, under Ohio law, Vukelic can't because of his other two DUIs.

Vukelic told NEWS9 the West Virginia charge had been expunged.

NEWS9 got a copy of the Weirton court order dated Feb. 21, 2008.

The expungement order states more than two months had passed since the dismissal of the 1985 DUI charge.

However, NEWS9 searched through Weirton court documents and could not find a dismissal on record.

Weirton Prosecutor Vince Gurrera said, “If it was dismissed, it would be in the clerk's records."

The expungement order also states there are no other reasons why Vukelic's Weirton DUI charge can't be erased.

According to West Virginia law, someone with a previous felony cannot expunge his record.

Vukelic is a convicted felon.

NEWS9 asked Gurrera who presented the incorrect information to Weirton Municipal Court.

Gurrera said, “That was the information provided us. We got that information from Mr.Vukelic and an attorney had sent that to us."

Vukelic told News9, “I didn't read it. Why would I have to read it? All I did was have a lawyer do it."

Jefferson County Prosecutor Tom Straus learned of the false information.

In copies of letters between Straus and Gurrera that NEWS9 obtained, both acknowledge something is wrong.

Straus said that was an issue he planned to bring up in court.

"Once the deposition of the Weirton prosecutor was being scheduled,” said Straus, “Shortly after that the motion was dismissed here in Ohio. "

Now Vukelic's case to seal his Ohio record is still dismissed.

He's taken no action to get his DUI in Steubenville erased.

A DUI in Weirton is still on his record.

“The order of expungement is null and void,” said Gurrera.

The controversial race for Jefferson County Commission is still going strong with Vukelic running for office and the county prosecutor in opposition.

"Hey I’m dealing the cards, not Tom Straus and you can tell him that too,” said Vukelic, “I'm morally and ethically right in everything I do in life."