Can Identity Theft Convictions Be Expunged?
Yes, criminal convictions for IDENTITY FRAUD (commonly referred to as Identity Theft), are eligible under Ohio law for record sealing and expungement.
Identity Fraud is Theft of Another Person’s Information
Ohio’s laws related to “Identity Fraud” are found in section 2913.49 of the Ohio Revised Code. This law makes it a crime for a person to use, obtain, our possess any personal identifying information of another person with the intent to represent themself as the other person. In other words, it is basically the theft and use of another person’s personal information.
This information may include social security numbers, credit card numbers, or bank account information. Often, this information is used to purchase items, to open fraudulent accounts, or make fraudulent withdraws from accounts. It is easy to see why this crime has become widely referred to as referred to as “Identity Theft”. The degree of offense can range from a Felony of the 5th degree, 4th degree, 3rd degree, 2nd degree and even a 1st degree felony. The degree of the offense depends upon the amount of money involved, but some of the most severe penalties apply when the victim is elderly, disabled, or an active duty service member.
Sealing and Expungement of Identity Fraud
Identity Theft / Identity Fraud are considered crimes of dishonesty because it includes the act of theft. Criminal records for these charges can be devastating to a person’s reputation and employment opportunities. The consequence of this criminal record will also affect professional license; admission to college; securing loans; or even renting an apartment.
An expungement is the best remedy to overcome problems related to a conviction for Identity Theft. It is important to have the record removed from public access to government records, often found on background checks. We also do something other law firms fail to do. We notify these private background check companies of our client’s expungements which requires them to update their records as well. With some limited exceptions, when a court grants the Sealing and Expungement order, the proceedings in the case shall be considered not to have occurred.
A Testimonial From an Identity Fraud Client
“Very thankful and Blessed. I reached out to Mr. Mathews, I explained to him about the problems I had with getting an expungement. I had 3 prior convictions which was hard to get sealed because they were repeated convictions all of the same charges. Greg and his company took my case and never judged my situation. He worked hard to get my record sealed and did just that. I really felt like I would never get my record clean from all my mistakes I made in my 20s. I would recommend Mathews & Gill, LLP to EVERYONE who needs to clean up their past mistakes. “
Most Identity Fraud Felonies are eligible
We have successfully helped clients clear their records for identity theft for a variety of different situations. Felony convictions of the 5th, 4th, and 3rd degree are eligible, provided a person meets the requirements under the expungement statute. Some of our cases involved limited acts with little to no money taken. Other cases have been more complex cases involving large amounts of money with conduct occurring over a period of months or years. Some examples include:
- Using a person’s credit card to purchase items
- Cashing checks of another person
- Purchase items on-line with information of another person
- Using another person’s information to obtain a driver’s license
- Using employer credit cards for personal purchases
- Using store customer information for false returns
- Falsifying gift cards in another person’s name
We specialize in Expungement of Ohio Convictions
Our law firm has been in business and located in central Ohio since 1988 and handle cases in all courts in Ohio’s 88 counties. Our law firm emphasizes expungement and sealing of criminal records in Ohio. As licensed attorneys and former prosecutor, we have the knowledge and experience to help you get your record sealed.
Get started with a free, confidential assessment of your situation with our free online consultation.