Expungements are some of my favorite matters to work on. They aren’t big money and they’re often uncontested, but it feels great to help a client remove a charge or conviction from their record.
People seek expungements for all sorts of reasons. Some people worry a past arrest or conviction will appear on a background check. Others are embarrassed their children will learn about their past misdeeds or want to clear their records just for themselves. Whatever the reason, helping people clear their records can be very fulfilling.
Ohio allows for some records to be either sealed or expunged. When a record is sealed, it is not destroyed, but it is locked away so the public cannot access the record. This prevents potential employers or other interested parties from viewing the case, but the records still exist and may be available for law enforcement. Expungement on the other hand, destroys a record forever and can access this record in the future.
Section 2953.32 of the Ohio Code directs what offenses can be sealed or expunged. Felony convictions of the first or second degree, most sexually oriented offenses, felony offenses of violence, and misdemeanor domestic violence and violations of orders of protection are not eligible. The length of time before expungement is also provided in this statute. Most misdemeanor convictions are eligible for expungement one year after the offender’s final discharge (minor misdemeanors are eligible after six months). Felony convictions can be sealed between one and seven years after final discharge and are eligible for expungement ten years after that. Most non-convictions can be sealed or expunged immediately, but charges ignored by the grand jury require a two-year waiting period.
The application for an expungement in Ohio is $50 (not counting attorneys fees) and the court will hold a hearing 45-90 days after the application is made. The applicant must attend the hearing and should present evidence to support their interest in concealing the public record. The prosecutor or crime victim may lodge an objection. And the decision ultimately is up to the judge.
If you have a charge or conviction on your record that you believe may negatively impact your life, please consult with an attorney who can guide you through the process.