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Are you having trouble
finding a job? Being
passed over for
promotion to a more
responsible, better
paying position?
We
can help by getting your
misdemeanor or felony
convictions expunged. |
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Are you having
trouble obtaining a
professional
license due to your
criminal record?
Expungement of your
record can help you
pursue your
professional
license. |
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Yes, we can help
you!
Many of our
clients use the
telephone or on-
line processing
to get their
criminal records
expunged. Our
on-line secure
form will allow
you to begin the
process of
having your
record expunged,
confidentially
and simply with
no traffic to
fight or time
lost from work. |
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Facts
Questions About Expungement
What is
an Expungement? In Ohio, expungement
is the same as sealing a record. It
is a legal process provided under
Section 2953 of the Ohio Revised
Code that allows one to have any and
all references to a prior criminal
conviction cleared and their court
file sealed. The result of this
process is as if you were never
convicted of the crime.
Why get an Expungement?
There
are many benefits to having your
criminal record expunged. Whether
you are applying for a new job,
professional license, citizenship,
or even an apartment, people
reviewing your application may want
to know if you have ever been
convicted of a criminal charge. If
you have a conviction for a criminal
charge in your record, it is not
likely that you will be chosen for
the job, promotion, given your
professional license, considered for
citizenship, or perhaps even be
allowed to rent an apartment.
Further, if you are involved in
legal proceedings as a party or
simply a witness, you will be in
question about your past criminal
record. If you have convictions in
your history, the court or a jury
may be unlikely to believe your
testimony as a witness or they may
doubt the merits of your case if you
are a party.
Since the tragic attacks of 9/11,
routine background checks of current
employees and potential employees
have become more common. Several
years ago, a simple criminal
conviction may not have had any
impact on you, but today a criminal
conviction may bar you from career
opportunities, or advancement, or
may cause you to lose your current
job. An expungement of a criminal
case has many benefits, but perhaps
the most valuable, is to be able to
deny a conviction when asked by your
employer or a potential employer.
If the court deems that an
expungement of a criminal record is
appropriate, the court must order
all official records pertaining to
the case sealed and all index
references to the case deleted. Upon
issuance of the order, the
proceedings in the case shall be
considered not to have occurred, and
the conviction of the person subject
to the proceedings shall be sealed.
Expungement of a criminal conviction
is an excellent way to put the past
behind you and close a chapter on a
past mistake. With an expungement of
the record, a person can go forward
with their life without being hunted
by a prior conviction or having to
disclose a criminal record. Expungements can provide a clean
slate, piece of mind, and the
freedom to pursue career
opportunities that may not have been
available with a criminal record.
Why spend the money to expunge my
record?
If you have a criminal conviction
and you do not expunge the record of
that offense, you may never know the
price of failing to expunge your
record…in terms of employment,
special licensing, credibility or
missed opportunities. While most
people expunge their records for
employment or career-related
reasons, a great many clients wish
to expunge their record so that they
may have closure and piece of mind
for knowing that there is no record
of their old mistake.
Will I need to appear in court?
Every case is different and
different courts have different
requirements regarding hearings for
expungements. In many cases,
however, we are able to appear on
your behalf so that you will not
have to appear personally for the
hearing. If appearing for a hearing
is of concern to you because you are
out of town or outside of the State
of Ohio, please advise me of this
early on in your case.
Who is eligible for an expungement?
You qualify if you meet all of the
conditions described in Section 2953
of the Ohio Revised Code, including:
·
The conviction you are trying to
expunge is not one of the crimes
precluded by law.
·
You were not subject to a mandatory
prison term for the conviction. (If
you were sentenced to prison time,
but you were eligible for community
control/probation, you would still
qualify.)
·
The conviction you seek to expunge
was your first and only conviction.
(This does not apply to two or more
crimes based on the same action, and
this does not apply to minor
misdemeanors including most traffic
offenses.)
·
The statutory waiting period has
passed for the conviction you seek
to expunge.
·
You have no current or criminal
charges pending against you.
·
You have not had any other cases
expunged.
What if I was charged, but the case
was dismissed or I was found not
guilty?
If you were charged but the case was
dismissed or a court or jury found
you not guilty, you can have the
records of your charges expunged and
sealed.
Do the records just disappear?
Once your criminal record is
expunged, nothing will show up when
your record is checked. However,
even if your record is sealed, law
enforcement agencies, prosecutors
and some other agencies can look at
your sealed record; and if you
commit another crime, your sealed
record can still be used against you
in sentencing.
Can I have my juvenile record
expunged?
Yes, depending on the charge, you
may be eligible for an expungement
if you are found to be a delinquent
child (violation of the criminal
law) or a juvenile traffic offender
(violation of a traffic law) and the
court finds that you have
rehabilitated to their satisfaction.
Can’t I just represent myself and
save money?
“One who represents himself, has a
fool for a lawyer.”
Expungement requires drafting and
filing of a motion (a formal legal
document asking the court to take a
particular action). The expungement
motion will be filed with the court
that sentenced you, and it will also
have to be served on the prosecutor
in some cases, and the probation
department. At the expungement
hearing, oral or non-oral, the court
must be convinced through persuasion
and demonstration that your
rehabilitation has been obtained and
that you are deserving of an
expungement. An expungement is a
privilege and not a right. The court
may deny your expungement if they
question that you have met all the
qualifications under the Ohio
Revised Code, or the court is not
satisfied that you have been
rehabilitated.
Our knowledge of the law, and our
skill in advocacy can provide the
court the persuasion it may need to
agree to grant your expungement. We
will stand by you and guide you
through the process from our first
contact to the final order of
expungement. You can have the
confidence that you will receive
sound counsel you need to get
results.
+ Disclaimer - Please be aware that
this page is not a comprehensive
analysis of expungement law or of
all types of remedies that may be
available to you. This is not legal
advice and a consultation with an
attorney is always recommended on
any legal matter. |
