–Guide to Obtaining Expungement in Ohio–by Eric Willison & Andrew Ruzicho
What is an expungement?
An expungement is the act of sealing criminal records so that others do not have access to them. Ideally, an expungement would erase all trace of criminal records; however, certain individuals including law enforcement officers, prosecutors, parole and probation officers, and agencies may still have access to the criminal records for specific purposes.
Expungement does not completely erase the criminal record but seals those records from individuals and entities not listed above. In other words, access to them is extremely limited.
Why seek expungement?
If you qualify for an expungement, it may prove valuable to you when applying for a job, seeking credit, applying for college, renting an apartment, etc. Sealing the record of your conviction would generally prevent the discovery of your criminal conviction.
Do I qualify for expungement?
In general, expungement is a one-time freebie. You get one chance to use it and that’s it. In order to take advantage of the process, you must be a first offender in the eyes of the law. So don’t plan on saving your chance for expungement if you already have one conviction. If you are convicted of another crime in the meantime, you generally become ineligible for expungement.
How do I determine if I am a first offender?
What is important is that you have actually been convicted of a crime. Charges that were dismissed are not convictions. Charges that were never pursued are not convictions. Generally, you must have only one conviction to be eligible. In certain situations, more than one conviction may be considered only one conviction. A detailed discussion of that will follow. Further qualifications are that convictions for certain crimes are not eligible for expungement and a certain amount of time must pass before you can apply for expungement.
How much time must pass before I can apply for an expungement?
The answer to the question depends upon two things. First, was your conviction a misdemeanor or a felony? If it was felony, you have to wait three years before you can apply for the sealing of the record of your conviction. If it was a misdemeanor, then you must wait one year before applying for the sealing of the record of your conviction.
The second thing it depends upon is when you finished the last part of your punishment. Judges can sentence you to a lot more than jail time. They can sentence you to probation, they can order you to make restitution, they can order you to take counseling sessions or attend anger management courses. You must fulfill all of the things that the judge sentenced to you before the clock on your one year or three year period starts to tick.
If you would like to have a convicton expunged or a dismissal sealed, just contact my office, we will be happy to help!
