Legal Question in Criminal Law in Ohio

Expungement/ham. Co. Ohio

In 1990 my wife was arrested for domestic violence. She was never charged or convicted. In 1993 we filed for an expungement of the case. A record of the arrest still shows on an FBI background check.

There is not record of the expungement on file with the court. She is now being denied limited certification to care for our grandchildren in our home, by the State of Ohio Job and Family Services.

Did we not expunge the arrest record along with the rest of the case? Isn't the denial of a certification based upon an arrest only, unreasonable?

Thanks


Asked on 1/10/07, 11:40 pm

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Expungement/ham. Co. Ohio

There must be some appellate process for challenging this decision, and further, there should be a way to truly expunge the crime, which under that statute means it never happened....it's tricky since most expungements erase convictions, not simply arrests. It would seem to me that this can be overcome.

Read more
Answered on 1/11/07, 1:32 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio