A criminal record can weigh heavily on your future, affecting everything from job opportunities to housing applications. If you’ve made mistakes in the past, Ohio law offers a chance to expunge (or seal) your record, giving you a fresh start. Expunging your record can help you to move forward without being judged for a past mistake.
By sealing your criminal record, you can reclaim your privacy and protect your future from being overshadowed by a conviction that no longer reflects who you are today. However, navigating the expungement process can be challenging. Understanding the steps and what all expungement entails is essential before moving forward.
Expungement, also referred to as record sealing in Ohio, is the legal process of removing certain criminal convictions or charges from public view. While the records aren’t destroyed, they are sealed and inaccessible to most employers, landlords, and the general public. In certain cases, expungement offers individuals a second chance to move beyond their past and rebuild their lives.
Ohio’s expungement laws are specific about who qualifies. The first step in determining your eligibility is understanding if your offense qualifies for expungement. Generally, the following factors are considered:
Certain offenses, such as first-degree felonies, violent crimes, and sexual offenses, are not eligible for expungement. However, many misdemeanors and lower-level felonies may qualify.
Ohio has restrictions on the number of convictions that can be expunged. If you have multiple convictions, the types of offenses and their dates will influence your eligibility.
After completing your sentence, probation, or paying fines, you must wait before you can apply. This period varies depending on the type of offense. Misdemeanors can be as short as one year, while felonies may be up to five years.
Navigating the expungement process requires attention to detail and careful preparation. Here are the general steps to get started:
Before applying for expungement, you must collect all of the relevant documents related to your conviction. This includes the case number, court location, and final disposition of the case. Having these records ready will streamline the application process.
The next step is filing a formal motion with the court where your conviction occurred. This motion will request that the court seal your records. You’ll likely need to pay a filing fee, though fee waivers may be available based on financial need.
After filing the motion, the court will schedule a hearing. During this hearing, you or your attorney will present your case for expungement. The prosecutor may object, and the judge will decide whether to approve or deny the request based on your circumstances, including your rehabilitation efforts and the time that has passed since the conviction.
If your expungement request is approved, the court will issue an order to seal your record. From there, the process can take several weeks to be finalized. Once sealed, your criminal record will no longer be visible to most employers, landlords, or public record searches.
Sealing your criminal record can provide immense relief, opening doors that may have been closed due to a conviction. Expungement offers:
The expungement process in Ohio can be overwhelming without the right guidance. Small mistakes or missing documents could lead to your motion being denied, so working with an experienced expungement attorney is crucial. A skilled lawyer will ensure that your motion is thoroughly prepared and can represent you during your court hearing, improving your chances of success.
At Erb Legal, we’ve helped countless individuals clear their records and start fresh. We understand Ohio’s expungement laws inside and out, and we’re here to guide you through every step.
If you’re ready to take the next step in expunging your criminal record, contact us today at (330) 869-9007 or fill out our online contact form. Let us help you navigate the process and unlock a brighter future.
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