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After being convicted of a crime, information about the conviction will be available to the public and appear on any background checks. This complicates important parts of daily life, such as finding employment, and it can be difficult to move on with your life with a criminal record following you around. However, there is a legal process, called expungement, whereby a person can have their conviction removed from the public record, or "sealed." With the help of a criminal defense attorney, you may be able to successfully petition for your criminal record to be sealed. This guide answers some common questions about the process. 

Who Is Eligible for Expungement?

For the vast majority of crimes, there is a waiting period after which the person convicted is eligible to apply for expungment. This varies based on jurisdiction, past criminal records, and the nature of the crime, so you should consult with a criminal defense attorney to verify your eligibility. Generally speaking, those who have no prior offenses will be eligible for expungement so long as they have not been convicted of crimes such as rape, child pornography or pedophilia, or crimes involving the operation of motor vehicles. 

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What Is the Window?

For misdemeanors, low-tier felonies, and bail forfeitures, you must wait at least one year to apply for expungement. Higher tiers of felonies require a three-year waiting period. Once an offender has met these criteria, they may begin the process of expungement, which will involve a court hearing to determine the outcome of the case. 

What Should You Expect From Your Hearing?

During your expungement case, your application will be considered before the court. Just like in a conviction case, a prosecutor will have the opportunity to oppose your movement for expungement or sealing, and you will need to pair with a criminal defense attorney to present a case for why the court should grant your request.

 

If you're in need of a criminal defense attorney to help you make your case for expungement, reach out to David S. Washington, Jr. in Hamilton, OH. For over 22 years, this attorney has helped individuals defend themselves from criminal charges and work to get back to their daily lives. Learn more about his services online, and call (513) 751-1400 to schedule a consultation. 

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