Common questions about the expungement hearing
“Will you have to go to a court hearing for an expungement in Ohio?”
“What if I am unable to attend the expungement hearing in person?”
These are two of the most common questions we receive about Court Hearings for Expungement in Ohio. We will address both questions below.
Will you have to go to a hearing in court for an Expungement?
The Ohio Expungement Statute requires applications for expungement to be scheduled for hearing before the Court. This is true for expungements for records for convictions and dismissed charges. At that hearing, the Applicant has the burden of proof to demonstrate they deserve an expungement of their record. To do this, they must submit evidence and argument to show they meet all requirements under the statute. During the hearing, the court will consider objections raised by the prosecutor to the expungement. The prosecutor can cross-examine the applicant and present evidence against granting the expungement. The probation department for the court will also provide a full background report on the Applicant, including information related to the case the Applicant wishes to have expunged, and all other past convictions and charges in the Applicant’s history.
The Judge will weigh the interest of the Applicant in having the record sealed, against those of the Prosecutor and Probation department to determine if the States interest in maintaining the record outweighs the Applicant. If the Court finds the applicant fails to prove all elements of the expungement statute, or their poof inadequate, the expungement will be denied. As a result, what occurs during the expungement hearing is important and will determine whether the expungement is granted, or not. Having an experienced Expungement Attorney is the best way to assure success at the hearing.
What if you cannot attend the hearing?
Many times, we represent people when it is difficult for them to appear at the hearing in person. We have clients who live in other countries, other states, or they have job or family commitments that make it hard for them to come to their hearing. In these cases, we have developed procedures with the courts, so our clients do not have to attend, and we go to court on their behalf. In other cases, the courts may accept our briefs we file for our clients, or we arrange for our clients to attend by video conference. In these cases, we have successfully presented evidence and arguments to obtain an expungement for our clients when they have not been present. This saves our clients money and time when they don’t have to travel or take off work.
Be aware sometimes, based upon the circumstances, we may advise our client it would be better for their case for them to come to the hearing. Further, there are times when a Judge may simply require an applicant to personally attend the hearing, and in those cases, the client will have to attend.
Experienced Ohio Expungement Attorney
You can’t afford to have your expungement denied. Our law firm has been in business since 1988. We are familiar with the courts, and we have years of success stories in obtaining expungements for our clients. We will guide you through the process so you can put an old record behind you and have a fresh start. For a confidential free expungement consultation, contact us today.