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Having a criminal record can make it difficult to move on with your life. Background checks provide direct access to the information and can cause employers to question a potential match for a job. Thankfully, with the right factors in place, Ohio makes it possible to expunge any physical evidence of the past. Consider the following questions before reaching out to your lawyer.

4 FAQ About Record Expungement in Ohio

What does it mean to expunge a criminal record?

It has two meanings in the state of Ohio. The first is sealing, which renders the record no longer accessible to the public. The second is expungement, which causes the total destruction of all physical and electronic evidence. Most records will undergo the sealing process when approved for an expungement.

How does one become eligible?

Applicants must pay their fines, fulfill any probationary requirements, and wait a period of time before submitting a request through their lawyer. This is usually a one- to three-year timeframe for misdemeanors and single felony convictions. Those with two or more will have to wait for up to five years to begin the process.

lawyerIt depends on the crime as well. Those that are non-violent, non-sex-oriented, and didn’t involve a minor are usually eligible for expungement. Non-convictions are also able to apply. It’s the heavier crimes that aren’t usually up for consideration.

What should I expect after submitting my request?

A lawyer will present your application for examination. The court will verify that there are no current charges against you and check on your rehabilitation with the Probation Department.

A date will then be set for the hearing. There may be a few objections by the prosecution, but, as long as everything is in order, you should receive an approval that will be carried out immediately.

Can the court deny my request?

Only if the evidence isn’t enough to prove that you meet all rehabilitation requirements. The court could also evaluate the seriousness of the crime and deem it necessary to keep the records public. You can contest the decision, but, unless there’s additional evidence or an error in the paperwork, it’s unlikely that they’ll overturn it.

 

Secure the legal counsel you require by reaching out to Michael D. Doyle, Attorney At Law. He commits to upholding the standards of justice while protecting the rights of his clients. With decades of experience in criminal law, bankruptcy, and personal injury, his service area extends all throughout Elyria, OH, and Lorain County. Visit his website to learn more about his process or call (440) 323-0001 to set up a free consultation.

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