How to Expunge a Criminal Record The Right Way in Ohio

They say you do the crime, you do the time. But what happens after you’ve served your debt to society? That criminal record can feel like a life sentence, following you around and making it extremely difficult to truly move on – getting employment, housing, education, and various other opportunities.

In Ohio, there are ways to get past mistakes removed from your record and prevent your criminal history from permanently holding you back. Through expungement, you may be able to clear that record and finally regain a clean slate.

But First, What is a Criminal Record?

When people think of a “criminal record”, they usually think of it as a single rap sheet or file folder containing all the details of someone’s run-ins with the law. But, a criminal record is actually much broader and more complex than that.

In reality, your criminal record encompasses many different records, documents, and database entries scattered across multiple law enforcement agencies and courthouses. It includes not just convictions but any arrests, charges, pleas, sentences, incarcerations, and supervision periods related to criminal allegations against you.

Even incidents where charges were dismissed, or you were found not guilty can leave a paper trail that remains part of your criminal record history. That’s why expungement is so critical – it allows qualifying individuals to try and restrict or remove some of these records.

Qualifying for Expungement in Ohio

Expunging your criminal record in Ohio is not as simple as just submitting an application. There are rules in place that prevent certain offenses from being expunged, regardless of how much time has passed.

Under the new Ohio laws effective April 2023, some felonies are outright prohibited from expungement, including:

• Certain sexually oriented offenses requiring registration
• Convictions where the victim was under 13 years old (except non-support offenses)
• Domestic violence or protection order violation convictions
• Any first or second-degree felonies
• Any felony classified as a violent offense

Additionally, many common misdemeanor convictions from municipal courts cannot be expunged, such as OVIs, driving under suspension, license violations, and other motor vehicle crimes.

Even if your offense does qualify for potential expungement, you must wait out a specified time period before applying. For felony expungements, it’s 10 years after the time you first became eligible to have the case sealed. For misdemeanors, it’s generally 1 year after your final discharge.

The courts also have discretion to deny expungement applications if they feel the applicant’s interests don’t outweigh legitimate governmental needs to maintain records. Having multiple offenses, failing to pay fines/costs, or lacking a convincing reason for expungement can all potentially lead to denials.

The Expungement Process in Ohio: What You Need to Know

If you have an eligible offense and have satisfied the required waiting period, you can begin the process of applying for expungement in Ohio. Here are the key steps:

1. Obtain a certified copy of your conviction record from the courthouse where you were sentenced.
2. Complete an “Application for Sealing of a Criminal Record” form, providing details like the charges, case numbers, dates, etc.
3. Also complete a blank “Judgment Entry for Sealing” form for the judge to potentially sign at your hearing.
4. File the application, conviction record, and pay the required filing fee with the courthouse clerk.
5. The clerk will then schedule a hearing before a judge for you to plead your case for expungement.

While you can attempt this process on your own, having an experienced expungement lawyer significantly increases your chances of success. Our attorneys at Botnick Law Firm can ensure all paperwork is properly filled out, all eligibility requirements are clearly met, and a strong case is presented to the judge demonstrating why you deserve an expungement.

Attempting to expunge your record pro se opens the door for potentially costly mistakes or oversights. With something as impactful as a clean record on the line, it’s advisable to have skilled legal representation from the start. Our attorneys will advocate forcefully on your behalf throughout the entire expungement process.

Benefits of Expunging Your Criminal Record

Expunging your Cleveland criminal record can open up a world of opportunities for you.

Improved Employment Prospects

Many employers conduct background checks, and a criminal record can be a significant barrier to landing a job. With an expunged record, you can honestly state that you have no criminal history.

Increased Chances of Obtaining Professional Licenses

Certain professions (i.e., doctors and lawyers) require licenses, and a criminal record may disqualify you. Expungement can help you continue your chosen career path.

Eligibility for Housing and Educational Programs

Some landlords and educational institutions may deny applicants with criminal records. Expungement removes this obstacle.

Restoration of Rights and Privileges

An expunged record restores your right to vote, serve on a jury, and hold public office.

Frequently Asked Questions

Can I erase my record if I am found not guilty?

You may be eligible for expungement if the courts find you not guilty or dismiss your charges. Consult with legal counsel on how to erase the arrest from your record.

How long does the expungement process take?

The timeline varies depending on the complexity of your case and the court’s workload, but it typically takes several months.

Will expungement restore my firearm rights?

In some cases, expungement can restore firearm rights, but it depends on the specific offense and circumstances. Consult with a Cleveland expungement attorney for more information.

Life After Expungement: Embracing A Fresh Start

Expungement is the answer if you’re ready to leave your criminal past behind and embrace a brighter future.

Our experienced Cleveland expungement attorneys at The Botnick Law Firm can guide you through the process and fight for a fresh start.

Don’t let a criminal record hold you back any longer.

Schedule a consultation today to discuss your eligibility and options for expungement in Cleveland.