Legal Question in Criminal Law in Ohio
espungement
Can a felony be espunged? (Check Kiting) and How if So.
Asked on 9/25/05, 12:55 pm
1 Answer from Attorneys
Richard Cline
Office of the Ohio Public Defender
Re: espungement
Some felonies can be expunged. You must be a "first offender" under the statute and the offense must be eligible to be expunged. Check Kiting would normally be eligible. If you are a first offender you would make application to the Judge who found you guilty and imposed sentence.
Even if you are eligible it does not mean that the Judge is required to grant expungment. The Judge has the discretion to grant or deny the application. I would suggest that you contact a criminal defense attorney in the County where the case was heard. That attorney would be able to tell you whether the Judge is likely to grant you an expungment.
Answered on 9/25/05, 1:45 pm
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