Our Attorneys Expunge Criminal Records to Give You a Fresh Start
Expunge means to destroy, delete, and erase a criminal record so it is permanently irretrievable. It is helpful if your criminal record is holding you back from securing employment or student loans. Expungement gives you a second chance to have fresh start with a clean record.
NEW EXPUNGEMENT LAWS: SB 337. Requirements to Qualify for Record Expungement:
- The convictions you want to expunge must be ones that make you an “eligible offender”
- You cannot have expunged your record in the past
- You cannot have pending criminal charges against you
- You were not sentenced mandatory prison time without the option of probation
- The statutory waiting period for the conviction has passed (see below)
- The crime must not be precluded from Ohio Law from being expunged (see below)
- What can be expunged under the New Law: SB 337
What can be expunged under the New Law: SB 337
- One qualifying felony conviction, or
- One qualifying misdemeanor conviction, or
- One felony conviction and one misdemeanor conviction even if they are not related to the came case.
- Two misdemeanor convictions.
- As with previous law, minor misdemeanor convictions do not count as “criminal convictions”.
What is the Waiting Period to Seal a Criminal Record?
- Misdemeanor charges: One Year
- Felony charges: Three Years
- Time starts officially after the case is completed
- You must wait after probation time and parole time is completed
What Records Cannot be Expunged?
- Any offense that received mandatory prison time or was ineligible for probation
- First degree or second degree felonies
- Driver’s License violations including DUI, OVI, OMVI, DUS
- Domestic Violence and other first degree misdemeanors
- Crimes where the victim was under 18 years old
- Rape, Sexual Battery, Unlawful Conduct with a minor, Sexual Imposition, Pandering
- Traffic Cases: Hit & Run, odometer/serial number tampering
- Crimes of Violence (except simple assault)
- Bail Forfeitures in traffic cases
What is the Process to Expunge a Criminal Record?
The process begins by filing a written motion or application with the court. Most courts require a filing fee between $50-$100 to file for expungement. After the courts receive the application, it is forwarded to the local prosecutors office for review and response. The prosecutor’s office issues a written response and a court hearing is held in front of a judge to determine whether your record should be expunged and sealed. If the prosecutor has not denied your application, the record of the applicant is typically expunged and sealed.
Contact Me Today For a Free Consultation
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for a free consultation to see if you are eligible to have your criminal record sealed. We are here to answer your questions and provide experienced legal counsel.