Dayton Ohio Expungements

In Ohio, an expungement is the sealing of a criminal record so that it is not publicly available. Ohio law allows someone to have any and all references to a prior criminal conviction cleared and their Court file sealed. The purpose of this privilege is to allow individuals a one-time opportunity, under limited circumstances, so that it does not prevent someone from obtaining employment or seeking continuing education. An expungement is an act of grace that was created by the State of Ohio and is, therefore, a privilege. It is not a right.

If a Trial Court determines that expungement of a person’s criminal record is appropriate, the Trial Court will order all official records pertaining to that person’s case be sealed and all index references to the case be deleted. Once the Court orders an expungement, it will be as if the case did not occur and the conviction for that person will be sealed forever.

Who can file for an expungement in Ohio?

There are certain requirements that must be met before an individual can file for an expungement. Those requirements are described in Section 2953 of the Ohio Revised Code and include:

• You have not had any other cases expunged;
• You do not have any other criminal charges pending against you;
• The statutory waiting period, as described below, has passed for the conviction you wish to expunge;
• The conviction you wish to expunge was your first and only conviction;
• You were not subject to mandatory prison time and were eligible for community control or probation; and
• The conviction you are trying to expunge is not one of the crimes precluded by Ohio law from being expunged.

When can I file for my record to be expunged?

There is a waiting period for any expungement. Ohio law states that the waiting period for a misdemeanor expungement is one year from the final completion date of a misdemeanor case, including any period of “community control” (probation). The waiting period for a felony expungement is three years after completion of any sentence or “community control,” including “post release control” (parole).

A dismissal or “not guilty” finding can be sealed immediately.

What kinds of convictions cannot be expunged?

• Any offense where the offender receives a mandatory prison term or is ineligible for probation;
• Convictions for felonies of the First or Second Degree;
• Offenses of violence that are first degree misdemeanors, including domestic violence;
• All driver’s license violations including OMVI, OVI, DUI, DUS;
• Convictions of an offense in which the victim of the offense was under eighteen years of age, when the offense is a misdemeanor of the first degree, or a felony;
• Convictions under O.R.C. § 2907 including Rape, Sexual Battery, Unlawful Conduct With a Minor, Gross Sexual Imposition, Sexual Imposition, Pandering Sexual Oriented Matter Involving a Minor, Illegal Use of a Minor in Nudity Oriented Material or Performance, and Pandering;
• Traffic cases, hit/skip, odometer/serial number tampering, and similar cases;
• Bail forfeitures in traffic cases.

I have been arrested in the past. Can I expunge my arrest record?

In order to ask the Court to expunge your record, you must have a conviction. An arrest is not a conviction; therefore, you cannot expunge your arrest record.

What is the process for expunging my record?

The process begins by filing a written Motion or application with the Court. A Motion or application asks that a particular conviction be expunged and sealed. Most courts require a filing fee of between $45.00-$100.00 to file for an expungement. Once the Court receives and processes an expungement application, it forwards the application to the local prosecutor’s office for a review and response.

The Prosecutor’s Office will review your situation and look to determine if your record is, in fact, eligible for expungement. They will run a criminal records check. The Prosecutor’s Office will then, typically, respond in writing concerning the State’s position on the issue of expunging your criminal record.

Once the Prosecutor’s Office issues a written response, a hearing takes place on the record in front of a Judge to determine whether your conviction should be expunged and sealed from your record. If the Prosecutor (State) has not opposed your expungement application, the Court will, typically, order that the record of the applicant’s criminal conviction be expunged and sealed.

What does the Prosecutor’s Office look at during the review of my application for an expungement?

The statutory requirements are given above and the Prosecutor’s Office will be looking to see if you meet those requirements. Again, those are:

1. Must be a Final Discharge – Your case must be totally discharged and the required waiting period must have passed. If you received a sentence and were not placed on probation by the Court, the final discharge date of your case is the date of conviction. If you were placed on probation by the Court, your final discharge date is the date your probation was terminated.
2. Must be past the Waiting Period – The Prosecutor’s Office will determine if the necessary waiting period has passed, as described above, between the conclusion of your case and when you filed for expungement.
3. Must be a “First Offender” – Ohio law states that someone seeking to expunge a criminal conviction cannot have any other convictions on their record either before or after that conviction, other than convictions for minor misdemeanor traffic violations and minor misdemeanor offenses, such as disorderly conduct or possession of marijuana. In other words, at the time you apply, you must not have any other criminal convictions other than the one you want to have expunged.
4. Must not be an offense that is statutorily prohibited from expungement.

The Prosecutor’s Office will look at all of these dates and relevant issues before issuing a response to your application for expungement. The Dayton Ohio expungements attorneys at Holzfaster, Cecil, McKnight & Mues will meet with you to determine if your criminal conviction is one that can be expunged. We will then draft a Motion or application that will provide you with the strongest chance of successfully getting your criminal record sealed and expunged.

Who decides on whether my record can be expunged?

Although the local Prosecutor’s Office will issue the State’s position on your request to have the record of your criminal conviction sealed, the ultimate decision will be made by the trial Judge.

If I get my criminal conviction expunged, can anyone still see the record of my conviction?

Ohio law provides that only individuals such as law enforcement agencies, prosecuting attorneys, and parole and probation officers may have access to an expunged criminal record, and only for specific and limited purposes. Also, if you commit another crime after your record is expunged, your sealed record can still be used against you in the sentencing phase of the new crime.

Do I have to appear in Court to get my record expunged?

Different courts have different requirements regarding who has to appear at certain hearings. Often, our attorneys can appear on behalf of an individual, especially if the individual now lives out of state. We need to be made aware of your location and your ability to attend a hearing as soon in the process as possible.

Why should I get my record expunged?

If you meet the qualifications to have your criminal record expunged, you should pursue an expungement for many reasons. Whether you are applying for a job, a professional license, citizenship, or even an apartment, the people who review your application may want to know if you have ever been convicted of a criminal charge. If your record shows that you do have a conviction, it is more likely that you won’t get that job, promotion, professional license, citizenship, or even rent the apartment you desire. Also, if you are ever involved in a legal dispute as either a party or a witness, you will probably be questioned about your past criminal record, and the merits of your case, or the truthfulness of your testimony will be questioned by a judge or jury.

To avoid all of that, if eligible, you should attempt to get your criminal record expunged. Once your record is expunged, it will not be available for the general public to view on a Court’s public website. Also, you will not be required to disclose the previous conviction on any future job application or to any future employer. Finally, you will be able to know that there is no record of your past mistake that might one day resurface to affect your reputation, embarrass you, or affect your ability to obtain employment.

A request to the Court for an expungement requires the drafting and filing of a legal Motion. The Motion has to be well written and must persuade the Court that your rehabilitation had been obtained and that you are deserving of an expungement. That Motion has to be properly served on the Prosecutor and often with the local Probation Department as well. In addition to the initial Motion, there, typically, will be an expungement hearing in front of the Trial Judge where evidence must be presented to show that you have met Ohio’s qualifications and are deserving of an expungement.

We Can Help With Your Dayton Ohio Expungements

If you or a loved one needs to have a criminal conviction expunged from record, call our office at (937) 293-2141 and schedule an appointment with one of our criminal defense attorneys today. Or, if you would prefer, you can use our form below to contact us online. In addition, we have an emergency phone number, (937) 760-4357, which we answer around-the-clock.

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Although the local Prosecutor’s Office will issue the State’s position on your request to have the record of your criminal conviction sealed, the ultimate decision will be made by the trial Judge.