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If you were convicted of one or more crimes in Ohio and have since completed your sentencing requirements, you should find out if you’re eligible to expunge your criminal record. This action essentially involves destroying the record of any eligible crimes you were convicted of, which means you will no longer be affected by the stigma of having a severe crime on your criminal record.
The laws regarding expungement and record sealing in Ohio have changed recently, so it’s essential to get legal guidance from a skilled expungement attorney who can walk you through the legal process. At Watson Kuhlman, LLC, our legal team has helped countless clients get their records sealed or expunged in order to get a fresh start in life. If you’re interested in finding out if you’re eligible for record sealing or expungement in Ohio, call our Cleveland law office for an initial consultation.
What Does Expungement Mean in the State of Ohio?
Expunging your criminal record equates to destroying, erasing, and deleting an eligible criminal offense so it’s as if it was never on your record. This means you no longer have to state that you were convicted of the expunged crime, and it will not appear on a background check or any other public records anymore. The only time someone will be able to view your expunged offense is if you apply to work with any law enforcement agencies and they need to check to be sure you’re eligible for this type of job.
It’s important to note that Ohio’s record sealing and expungement laws changed in 2023. Since then, record sealing and expungement are two unique legal processes with slightly different results. If you get your record sealed in Ohio, your eligible offenses will be hidden from public view so they won’t appear on most background checks. However, unlike the expungement process, record sealing does not destroy or erase the offenses from your record entirely. Instead, it removes them from public records, but government officials and law enforcement agencies can still view them in specific circumstances.
In this way, getting your record expunged is preferable to sealing your criminal record, but both legal processes have similar benefits since they remove certain crimes from background checks. So, if you’re tired of your criminal conviction appearing on your record and reducing or eliminating your chances of getting a job, exercising your civil rights, or being approved for housing, you should contact a Cleveland expungement attorney. They can tell you if you’re eligible to expunge or seal your record and then guide you through the process in the local court system. Contact our Cleveland, Ohio law firm today to discuss your legal options with a trusted lawyer.
Are You Eligible for Expungement in Ohio?
To begin the process of applying for expungement, you must meet certain criteria under Ohio law. There are required waiting periods after most convictions, and not all criminal offenses can be expunged. An experienced attorney can review your case and let you know if you’re an eligible offender for expungement according to the Ohio Revised Code. In the meantime, it may help to understand that the following crimes are not eligible to be expunged at this time:
- First and second-degree felony convictions, such as murder, aggravated theft, and aggravated drug trafficking
- Three or more third-degree felonies
- Domestic violence
- Sexual battery
- Rape
- Child pornography
- Traffic offenses, including speeding or texting while driving
- DUI/OVI
- Violent felonies
- Offenses involving a victim under the age of 13
- Violations of protection orders
- Sexual imposition
- Voyeurism
If you were convicted of one of these or similar crimes, you won’t be eligible for expungement in Ohio. However, you should check with your lawyer to find out if the laws have changed or if you have other legal options that can minimize the impact of your criminal record.
If your offense is not on this list, you may be eligible to get your record expunged in Ohio as long as you don’t have any warrants or criminal charges recently filed against you. In addition, you must have completed your sentence, including jail or prison time, fines, community service, and any parole or probation mandated by the court. This will give you your final discharge status, meaning you’ve completed all your sentencing requirements.
Once you’re done with the sentence, you’ll have to adhere to a waiting period, depending on the type of criminal conviction on your record. For example, if you want to expunge a minor misdemeanor – the least severe type of crime in Ohio – you can apply six months after you’re done serving your sentence.
If you want to expunge more serious misdemeanor convictions, you must wait one year after your final discharge. You will have the same one-year waiting period if you’re going to expunge a fourth or fifth-degree felony, while third-degree felonies require you to wait three years.
If you have two felony convictions to expunge, you must wait four years after your sentence is done, while expunging three to five felonies requires you to wait five years. By contrast, there is no required waiting period if you’re trying to expunge a bail forfeiture, not-guilty verdict, or dismissed charges. This means you can apply immediately with the help of a skilled lawyer who is current on the latest Ohio expungement laws. Contact our Cleveland, Ohio criminal defense law firm today to find out if you’re eligible for record expungement, record sealing, or other options.
What Should You Expect from the Expungement Process in Ohio?
If you’ve read the eligibility criteria for record expungement in Ohio and believe you meet them, your next step should be to reach out to an attorney who has handled numerous expungement cases for clients looking for a fresh start. They can ensure you’re eligible for this legal process based on your criminal convictions and the mandatory waiting period after your sentence. This will require them to obtain and review your criminal record to understand your criminal history and penalties before continuing the process.
If it turns out you’re eligible to get your criminal record expunged according to the Ohio Revised Code, the next step is to file an application for expungement and record sealing with the court. Once they receive the application, the court will schedule an expungement hearing. During this court appearance, the judge will carefully review your criminal record to determine which felony and misdemeanor convictions you completed the sentencing requirements for.
Note that the judge will be looking for signs that you’ve been rehabilitated and are not at risk of committing any other crimes in the future. If you successfully completed your punishment, waited the required amount of time, and have stayed out of criminal trouble since then, you have a chance of getting your criminal record sealed or expunged so it no longer affects your life.
However, the judge will allow the prosecution team to object to your request to have your criminal record sealed or expunged in an Ohio courtroom. If the prosecutor decides to appear in court and insist that you’re a risk to public safety, you’ll need a Cleveland expungement attorney by your side to convince them that you’re now a law-abiding citizen who wants a fresh start years after your criminal conviction.
Toward the end of the hearing, the judge will have a chance to consider the arguments for and against your request to have your criminal record sealed or expunged. If they approve the request for expungement, your eligible offenses will be deleted from your criminal record as if they never happened. If you do not qualify for expungement according to the Ohio Revised Code and are approved to have your criminal record sealed instead, the eligible crimes will be removed from public record so only certain law enforcement and government agencies can see them.
Either way, this is your chance to remove the stigma of certain criminal convictions that may have been affecting your life for years. This is why it’s critical to hire an experienced expungement lawyer who can help guide you through the expungement process and improve your chances of success when the case is over.
Be sure to choose an Ohio expungement attorney with an impressive success rate in handling expungement cases. After all, it is possible that your petition to expunge your record could be denied, so you need legal guidance from a lawyer who can help avoid this outcome when possible. If your request is denied anyway, your lawyer may be able to help you navigate the appeals process or explore other legal options that can hide or minimize the effect of certain crimes on your record. If you have questions about how expunged or sealed records work in Ohio or want to find out if you’re an eligible offender, call our Cleveland law office today for a free consultation.
How Can an Ohio Expungement Attorney Help Your Case?
Expungement can be a powerful tool for anyone who is tired of their criminal record holding them back in life. Whether you’ve missed out on job opportunities due to certain convictions on your record or want to get your civil rights back despite having one felony on your criminal record in Ohio, you should explore how expunged and sealed records work in this state. Depending on the crimes you were convicted of and how long it has been since you completed your sentence, you might be eligible to seek expungement so your record no longer affects your life.
If you’re considering this legal option, it’s time to contact an experienced expungement lawyer who can guide you through the process of getting certain convictions expunged or sealed. At Watson Kuhlman, LLC, our team is knowledgeable about how expungement works in this state, as we’re updated on which crimes the Ohio Revised Code allows to be expunged or sealed and how soon after your final discharge this can happen.
In our experience, when you fully understand the benefits and complexities of expungement in Ohio, you can make informed decisions about how to handle your criminal record. If you no longer want to let it affect significant parts of your life – including your career, living situation, and certain rights – you owe it to yourself to learn more about getting your record expunged. Our lawyers would be happy to review your case and determine if pursuing expungement is right for you. Call (216)-208-7858 today for a free consultation with our Cleveland legal team if you’re interested in exploring this or other legal options.
