How to Seek Expungement in Ohio

 

Have you been charged with or convicted of a crime in the state of Ohio? Then you now have a criminal record. This means that if anyone chooses to run a background check on you, they will have access to information about your case. This can affect your ability to rent a place to live, get a credit card, qualify for a loan, or gain employment. A criminal record can make you seem like a higher risk and cause you to be denied.

 

Because of this, many people seek to have their criminal history removed from public records. This process is called expungement, which is allowed by the Federal government. But every state has its own laws and regulations regarding this process, and not every crime or criminal is eligible.

 

The Rules for Expungement in Ohio

 

In the state of Ohio, there are two types of expungement available:

 

• Expunging a misdemeanor or felony conviction
• Expunging the record of an acquittal

 

An acquittal occurs when you have been tried in court but were given a verdict of not guilty or innocent. In these cases, many individuals believe that a not guilty verdict is enough to “clear their name,” but unfortunately, many people will still hold this against you. Just the fact that you were charged in the first place may be used as a reason to go with another candidate for a job or a lease. If you have been acquitted, you should take steps to have your record expunged in order to ensure that you have a clean slate when it comes to these types of opportunities.

 

Even though you have the right to petition the court to seal the records related to the proceedings of your acquittal, it is not a guarantee. It is considered a privilege and not a right. The court can use many reasons to keep the criminal record intact.

 

The Ohio Supreme Court has ruled that the public interest in having these records available can sometimes outweigh the privacy of the individual. However, your request will be considered and may be granted.

 

What If I Took a Plea Bargain?

 

Unfortunately, if you accepted a plea bargain for your case, then it is likely that the criminal record will not be able to be expunged, so it will remain on your record.

 

Who Qualifies for Expungement in Ohio?

 

There are statutory provisions in place that regulate the sealing of a criminal record. You must meet certain prerequisites before your expungement will be granted or the records will be sealed. In order to qualify for eligibility, you must:

 

• Be a first time offender
• Have an offense that is subject to expungement
• The time designated by the revised code must have passed

 

If you are found not guilty by reason of insanity, you can make a request to have your case expunged as long as you can show proof that you were cured later for your mental health issues.

 

You can only have the one conviction on your record in order to qualify, so the court will take steps to confirm that you are a first-time offender. If you have other pending criminal proceedings, then you will be denied. Additionally, the court must determine that you have been rehabilitated to its satisfaction, and it will review any objections from the prosecutor on the matter. In the end, the court will weigh the benefits to you in having the record sea led against the needs that the government has to keep these records available.

 

If you make a petition to the court for an expungement, you are guaranteed the right to a hearing on the matter. If denied this right, you can file an appeal.

 

What cases are not eligible for expungement in Ohio?

 

Any convictions for a violent offense will not be considered for expungement. Additionally, if you were required to serve a mandatory prison sentence, then the crime is not eligible.

 

Also, if you did not successfully complete your sentence for a crime, then you will not be eligible for statutory expungement. This means that you must serve your time in prison or jail, pay all required fines, and comply with probation. If there is anything outstanding on your record, the crime will not be eligible for expungement until that is resolved.