COVID – 19 MESSAGE FROM Soroka & Associates, LLC

As you already know, the coronavirus (COVID-19) is creating challenges for all of us. We hope that you all are staying safe and healthy and taking all the necessary precautions during this challenging time. At Soroka & Associates, LLC, we are committed to our employees, associates, clients, and perspective clients. We always strive to provide a safe and comfortable environment to everyone at our office.

Our office has remained open during our regular business hours Monday through Friday and by appointment during the weekends. We have taken additional measures to assure the safety everyone that enters our office. Our staff and cleaning personnel have increased the frequency and scope of cleanings and disinfecting at our office in accordance with the CDC recommendations to assure the safety of anyone that enters our office.

As an extra step to our commitment to safety, we have also adapted to the changing environment, and now offer virtual consultations via Zoom, Facetime, and Skype during our business hours. As always, phone consultations are available by appointment, at all hours, any day of the week.

Do You Have An Offense On Your Record That Is Holding You Back?

| Jul 13, 2020 | Criminal Defense |

You may be eligible for expungement.

WHAT IS EXPUNGEMENT?

Expungement is sealing the records of a case pertaining to a certain conviction.

WHAT DOES EXPUNGEMENT DO? 

Sealing the record of a person’s conviction restores the person to all rights and privileges not otherwise restored by the termination of a sentence, community control sanction, final release on parole, or post-release control.

WHO IS ELIGIBLE FOR EXPUNGMENT? 

  1. Anyone convicted of one or more offenses (but not more than five)
  2. All the offenses in Ohio must be felonies of the fourth or fifth degree or misdemeanors
  3. None of the offenses can be an offense of violence or a felony sex offense
  4. All of the offenses that occurred in another jurisdiction, if committed in Ohio, would be equivalent to felonies of the fourth or fifth degree or misdemeanors and not an offense of violence or a felony sex offense

WHAT IS NOT ELIGIBLE FOR EXPUNGEMENT? 

  1. Any conviction for which the offender is subject to a mandatory prison term
  2. Sex offenses
  3. Certain offenses related to motor vehicles and licensing
  4. Violent felonies or violent misdemeanors of the first degree
  5. Felonies or misdemeanors of the first degree where the victim is under the age of sixteen
  6. Any conviction of a felony of the first or second degree
  7. Traffic case bail forfeitures

THINGS TO KEEP IN MIND 

Whether or not to expunge a conviction is still under the full discretion of the Court.

The Court looks at several factors to decide whether a conviction should be expunged including

  1. Whether the applicant is eligible for expungement
  2. Whether there are criminal proceedings still pending against the applicant
  3. Whether the applicant has been rehabilitated to the satisfaction of the court
  4. Whether the prosecutor has filed an objection to the application
  5. Reasons against granting the expungement

Even if the applicant is eligible for the expungement, the Court must weigh the interests of both sides. Because this a complex process, in the full discretion of the court, please consult an experienced attorney to assist you through this process.

Please contact us at Soroka & Associates, by calling 614-358-6525 or e-mailing us at [email protected] and we would be happy to help you put the past behind you.