Mayor’s Court Expungement
Expungement Resources For Mayor’s Court Convictions
Practicing criminal law since 1988, I have observed a common misunderstanding that people believe being charged in a Mayors Court leaves no record of a criminal conviction. In Ohio, Mayors Courts are required to prepare and submit a report to the Bureau of Criminal Identification and Investigation of every misdemeanor conviction upon entry of the judgment of conviction. In addition to reporting convictions on a state-wide level, Mayors Courts shall maintain their own data base of criminal convictions. The only way to ensure that an arrest and charge arising in a Mayor’s Court will not appear during a routine background check is to have it expunged.
Some small Municipalities or Cities may have a Mayor’s Court where the Mayor acts as a Judge. In many cases, the Mayor may appoint a Magistrate (which may be an attorney or a retired Judge) to hear cases that come before the Mayor’s Court. It is required that the Magistrate must be a licensed attorney who has been practicing the law for not less than three years. A Mayors Court has the discretion to hear all misdemeanor cases, except in OVI or DUI cases, except cases where one has been previously convicted of a DUI charge. An application for expungement in Mayor’s Court shall be heard and decided by the presiding Mayor or Magistrate.
In a Mayors Court, one must file an Application for Expungement in order to begin the expungement proceedings. Some Mayors Courts require the Applicant to draft and prepare all legal documents for Expungement. Other Mayor Courts have forms for application for expungement that one is required to fully and accurately complete and serve upon all parties, including the prosecutor. It is important to follow local Mayors Court rules to insure that the required information is included in the application for expungement. Many Mayors Courts simply relay on the attorney for one seeking an expungement to draft the application and pleadings for an expungement action.
After an Application for Expungement has been filed, the Mayors Court will determine whether or not to hold an oral or non-oral hearing. During a hearing, the Mayors Court will hear evidence to determine if your record should be expunged. Several factors are weighed in determining whether or not a record should be expunged by the Court. Mayors Courts, like all other courts, are required to follow the Ohio Expungement Statute, Title 2953 of the Ohio Revised Code. Magistrates or judges presiding over a Mayors Court must adhere to the mandates of the Expungement Statute or their decisions may be subject to appeal.
As expungement lawyers, we will guide you through the application process for expungement. More importantly, we will represent you throughout the expungement process. We will be there to handle any objections from the prosecutor or issues raised by the Mayors Court. If the court requires an oral hearing and arguments, we will go to court to represent you. You will have confidence knowing that you will have an experienced attorney by your side who knows Ohio expungement law.
We would enjoy the opportunity to discuss with you what we can do to help you prepare for an expungement of a criminal record. Call for a free initial consultation to inquire if you are eligible for an expungement. We look forward to serving you.
Mayor’s Court Directory
|Franklin County Mayor’s Courts|
|Licking County Mayor’s Courts|