How to File For Expungement in Ohio
Instructions on Petitioning for a Criminal Record Sealing
Expungement is the process of sealing a criminal conviction. If you are interested in sealing criminal records related to a conviction, then contact an Ohio expungement attorney at our firm. We will walk you through the filing process. For your reference, the steps for filing an application are listed below.
Step 1: Find Out If You Are Eligible
Before you even apply for record sealing in Ohio, you must determine your eligibility. Make sure that you have not been convicted of any of disqualifying offenses. The best way to find out if you are eligible for expungement is to speak with an expungement lawyer. They will review your criminal conviction history and tell you what to do.
Step 2: Figure Out What Court You Must Apply In
Ohio law requires that you apply for expungement in the court you were convicted in. If you were convicted of a sealable offense in another state, then you can apply in a court of common pleas. If you were convicted in a federal court, then you may also petition in a court of common pleas.
Step 3: Find Out When You Can File
You may be eligible for expungement, but you still have to wait a certain length of time before you can file your application in court. If convicted of a felony, you must wait three years after the final discharge. If convicted of a misdemeanor, you must wait one year after the final discharge.
Step 4: Attend Your Expungement Hearing
After you file your official application for record sealing, the court will set a hearing date. In some cases, the prosecutor can file an objection if they believe the expungement should be denied. At the hearing, the court will determine whether you are an eligible offender. They will also determine whether there are currently criminal proceedings pending against you. If there are, then your application will be denied. The court will also consider the objections of the prosecutor, if any, and determine if you have been rehabilitated to their satisfaction.
Step 5: Your Records Are Sealed
If the court grants your application for expungement, the court will order:
All index references to the case deleted and, in the case of bail forfeitures, shall dismiss the charges in the case. The proceedings in the case shall be considered not to have occurred and the conviction or bail forfeiture of the person who is the subject of the proceedings shall be sealed, except that upon conviction of a subsequent offense, the sealed record of prior conviction or bail forfeiture may be considered by the court in determining the sentence or other appropriate disposition, including the relief provided for in sections 2953.31 to 2953.33 of the Revised Code.
For help filing an application for expungement, contact an Ohio expungement attorney at The Koffel Law Firm today - (614) 675-4845.