Expungement is a legal procedure that seals a person's arrest or criminal conviction and essentially erases it from the public record. Having a criminal history can adversely affect one's life and prospects, and expungement offers a fresh start and more prosperous possibilities for the future. Below, learn about what the process involves, its eligibility requirements, and its benefits.

The Process

In Ohio, the first step is to file an application for expungement with the criminal courts  The process and applications  may vary from Court to Court.   Some may require you to to submit a certified copy of the Judgement Order of Conviction with your application and filing fee(which may range form $50 t0 $100).  The applications may involve extensive background information/questions and requests for releases of information The courts may then set a hearing date.

At the hearing, you will make a case to the judge. This is where you explain that you are no longer a threat, express your remorse, and commit to not reoffending. The judge might make a determination right then, or they may deliberate and notify you by mail of their decision.

Eligibility

Not all criminal convictions can be expunged in Ohio. Certain first- and second-degree felonies, which are generally more serious infractions, can't be expunged. These crimes include convictions for rape, sexual battery, and corruption of a minor.

Also, any conviction that comes with a mandatory prison sentence is ineligible for expungement.  . All sentences must be completed and all restitution fully paid before you can begin the expungement process.  If the charge involved is a felony, the application can be made once 3 years have passed since the completion of the sentence/discharge form probation. For misdemeanor charges, the “waiting period” is 1 year after completion of the sentence/probation.

Benefits

Once records are expunged, you can legally say that you have not been convicted of a crime. This is typically a question on applications for housing, employment, loans, and professional licenses, among other forms. Answering in the affirmative frequently results in a denial for the applicant.

By answering "no," however, you can minimize or eliminate the damage an arrest or criminal conviction can do when applying for loans or jobs. Some people choose expungement for symbolic reasons, as a way to effectively close the past and start a new chapter.

A criminal attorney will guide and represent you throughout the expungement process, and help you clear your record and name. The Michael A. Newland Law Office has been serving Butler County, OH-area residents since 1989. Attorney Newland offers legal counsel in all facets of criminal law. Call (513) 887-9595 or visit his website to schedule a consultation.