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?
- Anyone convicted of one or more offenses (but not more than five)
- All the offenses in Ohio must be felonies of the fourth or fifth degree or misdemeanors
- None of the offenses can be an offense of violence or a felony sex offense
- 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?
- Any conviction for which the offender is subject to a mandatory prison term
- Sex offenses
- Certain offenses related to motor vehicles and licensing
- Violent felonies or violent misdemeanors of the first degree
- Felonies or misdemeanors of the first degree where the victim is under the age of sixteen
- Any conviction of a felony of the first or second degree
- 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
- Whether the applicant is eligible for expungement
- Whether there are criminal proceedings still pending against the applicant
- Whether the applicant has been rehabilitated to the satisfaction of the court
- Whether the prosecutor has filed an objection to the application
- 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.