• 02
  • July
    2012

The legal process of expungement - sealing a criminal record - has proven an invaluable tool in erasing the stigma and prejudice associated with a one-time or youthful mistake that has led to a criminal conviction. Expungement is essentially a legal "do-over" that makes it appear, for most intents and purposes, like a conviction never happened.

A criminal record can cause a defendant consequences for years to come, jeopardizing career, housing and educational opportunities. The process of expungement can open all those doors again by keeping the information in a person's criminal record away from the prying eyes of the public. The key word in that sentence is "public," however.

An expungement will make it possible for regular background checks to be run on a person without any criminal history showing up, but the record will remain intact for law enforcement personnel; even if a record is sealed, police will be able to access it, and it can still be used against someone for purposes of sentencing.

The Nuts and Bolts

The laws of Ohio are generous when it comes to expungement. They give residents a wide range of crimes that can be sealed or expunged from a person's record if he or she does not have a prior criminal history and the crime itself is relatively minor. Some crimes - sexual offenses, pornography-related offenses involving someone underage, felony assault, homicide - cannot be expunged regardless of whether they are the single offense on someone's criminal record.

In order to seek an expungement, the person convicted cannot have been eligible for a mandatory prison term for the crime, and the conviction being expunged must be for the person's only criminal offense in Ohio or another state. An applicant for expungement must also wait a mandatory discharge period, have no other criminal or traffic charges pending and never had a conviction expunged in the past.

If you have questions about expungement, please contact an experienced criminal defense attorney to discuss your unique situation.