Legal Question in Criminal Law in Ohio

Re: Expungment

In order to expunge, or seal, your record of a conviction in Ohio you must be a "first offender" and the offense of conviction must be eligible to be sealed. A "first offender" means that you have no other criminal convictions either before or after the one you want to seal, and that you have no drunk driving convictions. As a general rule all misdemeanor offenses (except domestic violence) and any felony offense for which probation was possible may be sealed. There is also a certain period of time you must wait before you apply.

In order to seal the record you must file a motion with the trial court asking that the court seal the record. Once the motion is filed the trial court investigates whether or not you are eligible. If you are eligible, then you must convince the court that your interest in having the record sealed is greater than the public's interest in allowing the record to remain open.

Ohio does not require that you have an attorney file the application for you, but many people feel more comfortable when an attorney drafts the documents and presents the case in the best light possible.

If you would like to discuss the matter further, please feel free to call or email me.

Good luck.

Sincerely,

Rich Cline