What Is An Expungement & How Do You Get One?

What I am talking about is taking care of that little indiscretion in your past that led to a criminal conviction.

News Flash: what happens in Las Vegas does not stay in Las Vegas or more likely what happened at (fill in the college town) in the Fall of (fill in the blank) is likely available as a public record for the whole world to see.

What’s the big deal? Well are you looking for a new job or a new apartment? It should be no surprise that many employers and landlords are using criminal background checks to determine the appropriateness of your application.

This type investigation is becoming more and more common and you certainly do not want to be in a position of having to explain your past. Actually with the current employment conditions, your application may be discarded without further consideration.

Another important consideration is your social status. Do you really want your children, grand children, neighbors, co-workers and others to have access to your past?

The court dockets of most Ohio courts are available online, free and 24/7. Your name, address, criminal charge, sentence, fine and other information is just a few keystrokes away. It’s kind of hard to be the role model if you are saying “do as I say, not as I did”

Here are the basics: In Ohio the procedure is sealing the record and is governed by Ohio Revised Code Section 2953.32. It is also commonly called an expungement. 

• You must be a “First Offender” as defined by O.R.C. 2953.21 (A).  Basically, you must have one and only one criminal conviction in Ohio or any other state. This conviction can be a misdemeanor or a felony (except first and second degree felonies). Prior convictions for minor misdemeanors do not count towards this tally. However, if you have two or more convictions based on the same criminal act, then the multiple convictions will be treated like one conviction when you apply to have the records sealed.

• Your criminal conviction must be not be of a prohibited class including : any first or second degree felony,  any offense with a mandatory prison term and any offense of violence (including but not limited to murder, rape,  robbery, arson, domestic violence.)

• You do not have any pending criminal charges against you at this time

• You have waited 1 year since completing any jail, prison, probation and/or parole sentence for misdemeanor offenses and 3 years for felony offenses before seeking to have your records sealed.  In addition, you have paid any and all fines, court costs and restitution associated with the conviction.

• Lastly, and most importantly, you will need to convince the judge that you have been rehabilitated and no longer posses any interest or intent for criminal activity.

What is it going to cost? I estimate attorney fees starting at $500 to seal the record of an adult criminal misdemeanor offense. Note, you must file your motion with the original sentencing court so travel time may affect this estimate. In additional Court costs generally range between $50.00 and $100.00 to file a motion to seal an adult criminal record pursuant to Ohio Revised Code 2953.23. 

These are the tangible costs. What is the cost of a lost job opportunity or having your child come to you and ask about what happened in happened at (fill in the college town) in the Fall of (fill in the blank)?

What say you? 

Legal blogs are a form of informational advertising and should not be taken as legal advice.  Please contact me at bill.joherl@roadrunner.com if you have any questions about this topic and/or another legal matter.

Bill Joherl, Esq.