Criminal Record Expungement - (216) 367-9181
A criminal record, or even just an arrest record could be keeping you from getting a great job or getting to use your bachelor’s, associate’s or high school degree.
Ohio law allows a person with one or two convictions, a felony and/or misdemeanor, to seal their criminal record which could help them get a fresh start at life. McDermott Law LLC represents individuals applying for expungement and at all stages of the expungement process. Call (216) 367-9181 for a Free Consultation - Available evenings and weekends.
Everyone makes mistakes. Unfortunately, sometimes those mistakes have consequences that can affect you far down the road. This is especially true today where anyone with an internet connection can quickly look up public records before deciding to give you a job or otherwise do business with you. This may happen even if the criminal charge, conviction or arrest occurred years or decades prior.
Fortunately, with the passage of Senate Bill 337 (R.C. 2953.32) in 2012, you may qualify to seal your record, known colloquially as expungement, under circumstances that may have previously prevented you from applying for and sealing your criminal record.
AM I ELIGIBLE?
If you have any one of the following types of criminal convictions, you may qualify to have your record sealed after waiting the required time-frame:
One Felony and One Misdemeanor
Certain crimes, including DUI/OVI offenses, are not expungable under Ohio Law. Other crimes that prohibit sealing of the record include Murder, Felonious Assault, Aggravated Assault, Kidnapping, Rape, Arson, and Escape. There are many other prohibited offenses, and it may be helpful to contact an attorney to discuss eligibility. McDermott Law LLC and Attorney Kevin M. McDermott II are available to help determine eligibility. Call today at (216) 367-9181 for a Free Consultation.
Note that you may be eligible for expungement even if you believe you have more charges on your record than above, as Ohio allows multiple charges to be treated as the same offense under certain circumstances. As such, even though a person with two felony convictions is generally precluded from expungement, Ohio Law provides two exceptions whereby multiple convictions will be counted as one for expungement purposes. First, where the felonies "result from or are connected with the same act or result from offenses committed at the same time, " and second, where the convictions "result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period." See the entire statute at R.C. 2953.31(A).
What does it mean to Expunge a Criminal Record?
Many people initially believe that an expungement will completely clear their criminal record as if no criminal conviction or arrest ever occurred. However, this is not entirely the case. The process in Ohio is actually called "sealing a criminal record." After the successful granting of a record sealing request the criminal record is no longer reflected on county record transcripts, clerk of courts websites and commercial background checks. However, law enforcement, judges, and the Burea of Criminal Identification ("BCI") can still access and view your criminal record. Nonetheless, sealing a criminal record may be invaluable when obtaining housing, applying for a job, applying for educational programs, or obtaining a license.
Certain crimes, including DUI/OVI offenses, are not expungable under Ohio Law. Other crimes that prohibit sealing of the record include Murder, Felonious Assault, Aggravated Assault, Kidnapping, Rape, Arson, and Escape. There are many other prohibited offenses, and it is recommended to contact an attorney to determine your eligibility.
Even if you were never convicted of a crime, your family, friends, current and potential employers and others may still be able to see a past criminal arrest on the court's docket. Such occurrences include a dismissal, finding of not guilty, or a "no bill."
Contact Attorney Kevin M. McDermott II today for a Free Consultation. (216) 367-9181.