Legal Question in Criminal Law in Ohio

Expungement/Void Questions

Two questions:

1) Can expunged charges be looked at by a divorce judge or by child services personnel to determine parenting rights/priviledges. These were dismissed charges that were expunged - not expunged convictions, if this matters.

2) What practical effect does ''voiding'' a conviction have. Is it ''like'' an expungement? Will a voided conviction appear on a background check? Can i respond ''no'' to the ''have you ever been charged or convicted of a crime'' question?

Are there any followup steps necessary after obtaining this voiding of conviction to ensure it doesn't appear on a background check?

Thanks


Asked on 9/29/01, 12:07 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Expungement/Void Questions

If the charges are expunged they may be brought up, but if you deny them the other side must provide a certified copy of the conviction which they will not be able to do. The weight assigned to the charges will depend on the charges involved. In other words, child endangering will be more relevant than a theft offense.

I have never heard of a "voided" conviction.

You must provide a copy of the order of expungement to the state BCI so that it can be removed from the state records.

Good Luck!!!!!

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Answered on 11/09/01, 10:27 pm


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