A criminal record can create lasting obstacles, affecting your ability to secure employment, housing, or financial assistance. Even a single charge can make everyday life more challenging.
So, how do you remove a criminal charge in Ohio? The process depends on your situation and the nature of the charge. Below, we explain what you need to know about expungements and sealings in Ohio and how to start clearing your record.
If you want to learn what steps you must take to clear your record, our Toledo expungement lawyers can guide you through the expungement process. We can help you understand your options and work toward removing a criminal charge from your record in Ohio.
Criminal Charges Removal in Ohio: A Guide to Sealing Your Record
If you have a criminal charge on your record, you might be concerned about how it could affect your future. In Ohio, certain criminal charges can be removed from public view through a process known as record sealing or expungement.
This process allows eligible individuals to limit who can access their criminal history, giving them a fresh start. Here’s a guide on how to remove a criminal charge in Ohio and begin the process of sealing your record.
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What is Expungement?
Expungement is the complete erasure of a criminal record. This is a relatively new law, having just been enacted in 2023. The current interpretation of the statute is that the only exception would be for a person applying for a job in law enforcement.
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What is Sealing of Records?
Sealing a record has a similar effect: most employers, landlords, and the public will no longer have access to the sealed information, with only a few exceptions involving the government.
The process for how to remove a criminal record in Ohio through expungement or sealing can be complex.
Each case is unique, so the requirements vary depending on the charge. If you have questions about which criminal charges can be removed from your record, our knowledgeable Toledo criminal defense lawyers can guide you through the process.
Determining Eligibility for Expungements or Sealing Criminal Records in Ohio
Before you start the process, you must determine whether you are eligible for expungement or sealing in Ohio. Not all charges are eligible for expungement or sealing. Additionally, there are some charges that are not eligible for expungement, but are still eligible for sealing. Here are some key points to consider:
- Eligible offenses: Most misdemeanors are eligible for expungement, with very limited exception. If those exceptions apply, sealing is typically an option. Many third, fourth, and fifth degree felonies are eligible for record expungement, with the exception of violent offenses, sex offenses, and a few others. Felonies that are not eligible for expungement are not eligible for sealing, either.
- Waiting period: Ohio law requires you to wait a certain period of time after sentencing (if fine and court costs only) or after probation or parole (if you were sentenced to either) before expunging or sealing an eligible offense.
- Misdemeanors: one year for expunging or sealing
- Fourth and Fifth degree felonies: one year for sealing and eleven years for expunging
- Third degree felonies: three years for sealing and thirteen years for expungement
- Multiple convictions: If you have multiple convictions and one is a third-degree felony, you may or may not be eligible to have the third-degree felony expunged or sealed at any time.
Consulting with our lawyers can help you determine whether you can seek to have your record expunged or sealed based on the specifics of your case.
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Is it Worth it to Get Your Criminal Records Expunged or Sealed?
For many people, it is absolutely worth getting eligible criminal records expunged or sealed. Even if you weren’t convicted, removing an arrest record can be beneficial.
When an arrest shows up in a general background check, it can create unnecessary obstacles in your personal and professional life. Sealing your record allows you to move forward without your past holding you back.
What Happens After My Criminal Record is Sealed?
Once the state seals your record, it is removed from public view. This means that most employers, landlords, and others performing background checks cannot see it. However, certain government agencies and law enforcement can still access sealed records.
It’s also important to note that sealing your record does not erase the conviction. The record still exists, but it’s no longer visible to the general public. For example, if you apply for certain professional licenses or government jobs, your sealed record may still be considered.
Understanding these limitations is important when determining how to go about removing a criminal charge from public view in Ohio and whether sealing your record is right for you.
How Our Lawyers Can Help You File for Expungement in Ohio
Filing for expungement or record sealing in Ohio can be a complex process. Working with our lawyer can make the process easier to manage so that you can confirm you have completed each step correctly.
Here’s how a lawyer from our team can help you:
- Determine eligibility: Not all criminal charges are eligible for sealing. Our lawyers will review your case and explain whether you qualify under Ohio law. If you’re unsure about how to go about removing a criminal charge in Ohio, we can guide you through the requirements.
- Prepare and file the petition: The expungement process requires accurate paperwork, including a formal petition to the court. We help you gather necessary documents, file them properly, and avoid potential delays due to errors.
- Represent you at hearings: If you must attend a court hearing, our firm will represent you and argue for why your record should be sealed. We will also handle any objections from prosecutors or other involved parties.
- Provide ongoing support: Even after we file the petition, our team offers ongoing support, monitoring your case and addressing any legal challenges that may arise.
Want to Remove a Criminal Charge in Ohio? Call Us Today
At Groth & Associates, our experienced criminal defense lawyers help clients clear their records and move forward with confidence. If you’re looking for guidance on how to remove a criminal charge in Ohio, we can handle the process for you.
With nearly 90 years of combined legal experience, we know what the expungement and sealing processes require and can guide you through it from start to finish.
Call us today or fill out our online contact form for a confidential consultation. From our Toledo office, we proudly serve clients in Fremont, Maumee, Perrysburg, Findlay, Sylvania, Bowling Green, Oregon, and beyond. Let us help you take the first step toward a fresh start.
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