Legal Question in Criminal Law in Ohio

Re: how do i expunge a theft charge?

In Ohio, a first offender may apply to have the Court seal the record of his conviction. This process, called "expungment" is only available to first offenders and is only available for criminal charges, not traffic tickets. As a general rule, the defendant must apply to the Court where the conviction occurred. Each Court is different. In some courts the Clerk is very helpful and will provide you with a form, and in other courts the Clerk is unwilling to do anything. The law does not require that the defendant have an attorney before filing for expungment of the record, however, the defendant is always permitted to hire an attorney if they want to. For misdemeanor convictions, you must wait one year from the date the case is closed before you can file. That means one year after all probation is ended, not just one year from the date you were in court. For felony convictions the same rules apply but you must wait three years. The Judge is not required to grant an expungment merely because you qualify for it. It is up to the Judge to decide whether your interest in having the record sealed outweighs the public's interest in knowing about the conviction.

Finally, even if the record of conviction is expunged it may still be held against you for certain job applications (for example, to be a policeman or a teacher, or where a security clearance is required).

I always recommend that someone consult with an attorney before filing for expungment so as to avoid improper filings. An attorney in the community where the conviction occurred can tell you whether it is best to have an attorney when you apply in that community or whether this is something that you can handle alone.