Sawan & Sawan - Local Family-Owned Toledo Law Firm
Looking for a lawyer to help seal your records in Toledo? Our team of criminal defense lawyers has the knowledge and experience to help you navigate Ohio’s expungement law and petition the relevant court for an order expunging eligible past convictions. Contact a lawyer from our team today using the contact form below or call 419-900-0955 for a free consultation. If you have questions about expungement in Ohio, here’s some of the most frequently asked questions we receive when assisting Ohio clients with sealing of their record.
Am I eligible for expungement?
Under Ohio law, only some offenses can be sealed or expunged. There are a number of crimes outlined that are not eligible for expungement. For example, felonies of the first and second degree, some third degree felonies, OVI’s, and violent or sex offenses, are not expungeable. In addition, violation of a protection order and crimes involving victims under 13 are also not expungeable.
How long do I have to wait before I can apply for expungement?
Depending on the criminal offense involved, there can be various lengths of time you must wait until you are eligible for expungement under Ohio law. For example, expungement for an eligible misdemeanor requires a one year waiting period after the completion of the case but expungement for an eligible felony requires three years. There may be multiple convictions involved in your case which can alter the waiting period. It is important to note that the time period tolls after completion of the case and all sentences including probation must be complete and all fines must be paid before an application can be filed. Expungement of a misdemeanor requires a waiting period of one year after completion and discharge in your case before you can file. Felonies require three years and if multiple convictions, the waiting period is determined by the worst offense. Prior to filing, all imprisonment and probation must be completed, as well as all fines and restitution must be paid.
How do I apply for expungement?
To file for expungement check for eligibility. Once eligible, make sure you have completed all of the sentencing conditions. Check the time frame from discharge till eligible. Get a copy of your conviction from the clerk of court where the case originated. Retain an attorney to file the appropriate motion with the court and set the matter for hearing. At the hearing, advise the court why you deserve to have the matter expunged and how it will assist you in becoming a productive citizen.
How much does it cost to expunge a record in Ohio?
Retaining an attorney for an expungement can vary depending on the complexity of your case. Fees range from $500 to $1,500 for the attorney fee. In addition, costs of filing with the court will be extra. The attorney fee covers the initial meeting, preparation, filing, and representation at the hearing. Preparation is essential for ensuring the court will grant your motion.
Will expungement completely erase my record?
Even if you are successful in seeking expungement, your record is not completely erased. Sealing records by expungement in Ohio merely limits access but does not fully eliminate the conviction from certain databases. It is difficult to say for certain who would still be able to access your records after them being sealed. Usually law enforcement or government entity background checks will still bring up the records.
How long does the expungement process take?
In most cases, the expungement process will take 45 to 90 days after the application is filed. This allows the prosecutor time to review the case and object to the expungement. You will be allowed to present your case to the court while the prosecutor will state their position as to why it should be denied. Once granted, the record generally gets sealed after the court signs the order. It may, however, take several weeks for the reporting agencies to update their records.
Do I need an attorney to file for expungement in Ohio?
You are not required to have an attorney represent you if you are seeking an expungement in Ohio. Even though you are not required to have an attorney represent you, we strongly recommend that you hire an attorney to assist you. There are a number of important things that an experienced lawyer will know in order to maximize your chances of success. In analyzing your case, a lawyer will be able to best weigh your eligibility and advise you accordingly. Additionally, hiring a lawyer experienced with court can help make the process go more smoothly.
Dennis P. Sawan
