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Your past shouldn't get the final say in your future. But if an old criminal record is still sitting there for employers, landlords, or others to find, moving forward can be harder than it should be. Ohio law allows certain eligible records to be sealed or expunged, but that doesn't mean every old charge or conviction qualifies. The details matter, including the offense, your other convictions, and when your case ended. An expungement lawyer can review your record, explain whether you meet the requirements, and handle the process so you don't have to figure it out on your own.
Having a criminal record follow you around can negatively impact you for the rest of your life. This can make it incredibly difficult to move forward and put the past behind you. Everything from applying for a new job position to rental housing can require a criminal background check. If your record has a criminal conviction, it can disqualify you from consideration. If you are involved in legal proceedings in the future, your own criminal record can be used to question your credibility as a party or a witness.
After going through the expungement process, you can honestly answer “no” when asked about prior convictions. Your record is permanently removed, and all indexed references to the incident are deleted. That way, there is no documentation of your criminal history. Expungements can provide a clean slate and peace of mind.
In Ohio, an expungement is a legal process that can enable someone to remove their criminal conviction from their records. The court files are removed, preventing people from accessing the records. The result is that someone convicted of a crime can act as if they weren’t convicted of a crime.
An expungement isn’t the same as record sealing. Expungement removes or destroys the record. Sealing a record removes it from public view and most background checks. An expungement is a more thorough removal process.
Once an expungement is successfully completed, the expunged record will no longer appear in record checks. The offense is treated like it never happened. There are exceptions to this. Law enforcement agencies, employers of medical care providers, and employers of those who will provide care to minors may still have access. In certain situations, these organizations may require access to expunged records in the interest of public safety.
Ohio law sets specific requirements for who can have a criminal record sealed or expunged. Eligibility depends on the circumstances of the individual case, not simply the fact that a certain amount of time has passed. The court may consider the offense involved, whether the case resulted in a conviction or dismissal, and the degree and type of conviction. Your overall criminal record also matters, including other convictions and any pending criminal matters. The date of your final discharge can affect when you become eligible. With so many factors involved, reviewing your complete record is an important first step.
Before you do anything, you need to review your criminal record. Compare the facts of your situation to the statutory qualifiers to determine your eligibility. Confirm that the required waiting period has passed. If you satisfy the statutory requirements, the next step is to prepare and file an application with the appropriate court.
The court will review the application and confirm that the statutory requirements are met for expungement. If approved, the court enters an order sealing or expunging the eligible record.
The amount of time you need to wait before seeking sealing or expungement depends on what happened in your case. Ohio law sets different timelines based on the offense and how the case was resolved. For many convictions, the waiting period runs from the date of final discharge. Generally, the timelines are:
While the required waiting period is one element that must be satisfied, time alone doesn’t determine expungement eligibility. Only certain criminal records can be expunged. Dismissed charges and acquittals can be expunged. Only certain misdemeanors and felonies can be expunged. Talk with an experienced attorney to find out if your conviction is one that qualifies for expungement. Ohio's current statute excludes certain offenses from sealing and expungement, including certain serious violent offenses, first- and second-degree felonies, certain sexually oriented offenses, and specified domestic-violence-related convictions.
You have enough to worry about without trying to decipher Ohio's expungement laws on your own. Wesley Buchanan focuses exclusively on criminal defense, with more than a decade of experience handling Ohio criminal matters.
You'll get straightforward communication, personal attention, and a strategy based on the specific facts of your case. Wesley Buchanan also understands the importance of handling your matter discreetly. When your future is on the line, you deserve an attorney who takes your situation seriously.
A criminal record doesn't have to define the rest of your life. Depending on the offense, your criminal history, and how much time has passed, Ohio law may allow you to have an eligible record sealed or expunged. Wesley Buchanan focuses exclusively on criminal defense and understands what's at stake when you're trying to move past an old case.
If you're ready to find out whether your record qualifies, contact Wesley Buchanan to discuss your expungement options.
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