Ohio Expungements And Record Sealing: Clearing Your Criminal Record
We all make mistakes, and sometimes those mistakes can lead to trouble with the law. However, our past mistakes don’t always have to follow us for the rest of our lives. An expungement attorney might be able to help you clean up your criminal record. Through a legal process called expungement or by sealing your criminal history, you may be able to officially put your past behind you.
At Carrabine & Reardon Co., LPA, in Mentor, we serve clients throughout Lake County and the surrounding Ohio communities. Our criminal defense lawyers are committed advocates for our clients, who will fight to preserve your future, by helping you purge your past.
Understanding Ohio’s Expungement Process
Expungement is a legal process that removes a criminal conviction from your record. An expungement can provide numerous benefits, such as improving your employment opportunities, enhancing your ability to find housing and restoring certain rights. It gives you a fresh start, allowing you to move forward without the shadow of a past conviction.
What Crimes Are Eligible For Expungement In Ohio?
Not all crimes are eligible for expungement in Ohio. Here is a list of crimes that may qualify:
- Certain misdemeanors
- Some felonies of the fourth and fifth degree
- Nonviolent offenses
- Nonsexual offenses
An experienced criminal defense attorney can help you better understand if the crime you committed might be eligible for an expungement.
Who Is Eligible For An Expungement?
Not everyone will meet the criteria for an expungement. To be eligible for an expungement in Ohio, you must meet certain criteria, including:
- Sentence completion: You have completed your sentence, including any probation or community service.
- Payment of fines and restitution: You have paid all fines and restitution.
- Other convictions: You have not been convicted of more than one felony or two misdemeanors.
- Required waiting period: You have served the required waiting period. The waiting period for misdemeanors is one year, and three years for felonies.
If you are considering pursuing an expungement, you have to meet all of the requirements before you can apply. An experienced expungement attorney can help you understand if you are eligible and ready to apply for an expungement.
What Is The Legal Process For An Expungement?
The legal process for an expungement involves several steps, and an experienced expungement attorney can help. These steps include:
- Determine eligibility: It is important to review your criminal record and make sure you are eligible before you begin the process.
- File a petition: A petition provides the court with your formal request for expungement.
- Attend a hearing: A hearing will provide you with the opportunity to present your case to a judge. The judge will decide if your record can be expunged.
- Await the decision: The judge will issue a ruling, and if approved, your record will be expunged.
Having legal representation can greatly improve your chances of success during this process. An experienced criminal defense lawyer will help you make sure that all of the steps have been completed properly, that the appropriate paperwork and evidence gets filed and represent you in a hearing before the judge.
What Is The Difference Between Sealing A Criminal Record And An Expungement In Ohio?
In Ohio, an expungement removes your criminal record entirely, as if the conviction never occurred. However, there is also an alternative to an expungement. You can also apply to the court to have your criminal record sealed.
Sealing a record makes it inaccessible to the public, and it won’t appear in most background checks conducted by prospective employers, landlords or the general public. However, law enforcement and certain government agencies will still be able to view your criminal history.
Who Is Eligible To Have Their Criminal Record Sealed In Ohio?
Eligibility for sealing a criminal record in Ohio requires meeting specific conditions. These include:
- Sentence completion: You have completed all sentencing requirements.
- No pending charges: You have no pending criminal charges.
- Waiting period: You meet the waiting period, which is one year for misdemeanors and three years for felonies.
- An eligible criminal offense: Your offense is not on the list of crimes that cannot be sealed, such as certain violent or sexual offenses.
If you meet these criteria, you may be eligible to have your record sealed. An experienced record clearance lawyer can help you better understand if you meet the criteria to have your criminal record sealed.
To Seal A Criminal Record, What Crimes Are Eligible To Seal?
In Ohio, not all criminal records are eligible to be sealed. Generally, the state allows for the sealing of records for certain offenses, while others remain ineligible. The types of crimes that may qualify for sealing include:
- Most misdemeanors
- Some fourth- and fifth-degree felonies
- Certain nonviolent offenses
- Nonsexual offenses
However, there are exceptions. Serious offenses are not eligible to have their records sealed. These offenses include first- and second-degree felonies or violent crimes. In addition, sexual offenses are usually not eligible for sealing. It’s important to consult with an experienced record-sealing lawyer to determine if your specific conviction can be sealed, as eligibility can vary based on the details of your case and any changes in Ohio state law.
Consult An Expungements Attorney Or Record-Sealing Lawyer For Free
If you are considering pursuing an expungement or would like to evaluate whether your criminal record can be sealed, Carrabine & Reardon Co., LPA, offers free initial consultations. Our experienced attorneys can advise you regarding your options and, if you are eligible, guide you through the process.
Call us at 440-299-6131 or send a message through our website to schedule your free appointment today. Let us help you take the first step toward a brighter future.