Ohio Misdemeanor Bond Forfeiture Expungement and Sealing of Record
What is a Bond Forfeiture?
Bail Forfeiture, also known as Bond Forfeiture, is a legal process that is used sometimes to resolve Misdemeanor Criminal Cases in Ohio courts. Typically, a Bond / Bail forfeiture involves a person who is arrested for a misdemeanor charge and must appear before a court. The defense attorney for the person charged would work out an agreement with the prosecutor so his client is not convicted of the charge but receives a bail/bond forfeiture instead. If the person has posted bail or bond when they were arrested, the agreement would require the person to forfeit their bail/bond and the case would be terminated without further proceedings. If the person had not posted a bond when they were arrested, then the agreement may require them to post an amount of money for bond/bail and that amount would be forfeited in exchange for their case being terminated.
Bond Forfeitures / Bail Forfeitures Leave a Criminal Record
A Bond Forfeiture or Bail Forfeiture in a misdemeanor case leaves a permanent criminal record. Even though not it is not a criminal conviction, the original record of your arrest or charges filed against you will stay on the public record for anyone to see, which is easy to find these days on the internet with a couple of clicks of the mouse. When you apply for jobs, apartments, licenses, student loans, financing for a house, the people who review your application may review your criminal record related to the Bail / Bond Forfeiture. Expungement of the Bond / Bail Forfeiture can remove the cloud of suspicion resulting from these records.
Bail / Bond Forfeiture can be expunged and sealed in Ohio
O.R.C. 2953.32 provides that Bail Forfeitures / Bond Forfeitures can be expunged and sealed under the Ohio Expungement and Sealing Law. A person must wait one year after the Bond / Bail forfeiture was completed before they may file the motion to expunge the record with the court. Further, the person must prove to the court that satisfy all the requirements under and Expungement Statute and persuade the court that their interest in having the record expunged outweighs any interest in the government in maintaining the record. The court will set the expungement case for hearing and the prosecutor may file objections. Additional pleadings, oral arguments, or entries may be required by the court. To assure success, it is advisable to have an experienced Ohio expungement attorney represent you.
Ohio Expungement and Record Sealing Attorney – Contact us for a FREE CONSULTATION
Our law firm has been in business in central Ohio since 1988. Our law firm emphasizes expungement and sealing of criminal records in Ohio. As trial attorneys and former prosecutors, we have the knowledge and experience to have your criminal record sealed. We handle cases in all 88 counties of Ohio.
Contact our Ohio law firm for a confidential and Free Consultation. Sealing a record of a criminal conviction is an excellent way to put the past behind, provides a fresh start.
FAQ for Bail/Bond Forfeiture Expungement
What is a bail forfeiture in Ohio?
A bail forfeiture occurs when someone charged with a misdemeanor fails to appear in court and forfeits the bail that was posted. While it is not a criminal conviction, the arrest and case may still appear on background checks unless the record is sealed or expunged. Ohio Expungement Law helps individuals determine whether these records can be cleared.
Is bail forfeiture considered a conviction in Ohio?
No. A bail forfeiture is not considered a criminal conviction in Ohio. It typically occurs when a person fails to appear in court and the bail posted for the case is forfeited to the court. However, the arrest and case record may still appear on background checks unless the record is sealed or expunged. Ohio Expungement Law helps individuals determine whether bail forfeiture cases qualify for record sealing or expungement under Ohio law.
Can a bail forfeiture be expunged in Ohio?
Yes. In many situations, bail forfeiture cases may qualify for record sealing or expungement under Ohio law. Filing an application with the court may remove the case from public record searches. Ohio Expungement Law assists clients with determining eligibility and filing the proper application.
When can a bail forfeiture be expunged in Ohio?
Generally, a person must wait three years after the bail forfeiture was entered by the court before applying for expungement. However, record sealing may sometimes be available sooner depending on the circumstances. Ohio Expungement Law can review your case to determine the earliest time you may apply.
How do I file for expungement of a bail forfeiture?
To expunge a bail forfeiture, you must file an application with the court where the case was originally filed. The court will review the application and may schedule a hearing before deciding whether to grant the request. Ohio Expungement Law helps prepare and file these applications and represent clients during the process.
Why should I clear a bail forfeiture from my record?
Even though a bail forfeiture is not a conviction, the case may still appear on public background checks. Clearing the record can improve opportunities for employment, housing, and professional licensing. Ohio Expungement Law works with clients to remove these records whenever possible.
Can Ohio Expungement Law help with bail forfeiture expungement across Ohio?
Yes. Ohio Expungement Law represents clients throughout all 88 counties in Ohio and helps individuals determine eligibility, prepare applications, and present their case in court.