Everyone makes mistakes, and having a criminal record can make it difficult to find a job or rent an apartment, even if you were eventually acquitted of the charges. Fortunately, Ohio law allows many defendants to have their records sealed, which effectively eliminates all references to your case. Below are answers to some common questions you might ask a defense attorney about record sealing and expungement.

What You Should Know About Sealing Records in Ohio

What is the difference between expungement and sealing?

Technically, “expungement” means that all mentions of your court case are removed so that there are no longer any records of the issue. This action is typically limited to cases held in juvenile court. In adult cases, the terms “expungement” and “seal” are used interchangeably to mean records are no longer accessible to the public.

What are the benefits of expungement?

Many employers are unwilling to employ people with a criminal conviction on their records. Past convictions or arrests may also bar you from getting a professional license in some industries, and can make finding a home more difficult. The latter is particularly troubling, as some landlords and lenders consider people with a record to be less trustworthy, which means they may not agree to work with you. Additionally, if you’re accused of an offense in the future, a criminal history can trigger more serious penalties. After sealing your record, the court acts as if the previous case and conviction never happened.

How long do I have to wait before expunging my record?

If you were convicted of a misdemeanor, or felony in the fourth or fifth degree, your defense attorney may request a record expungement one year after you complete all associated penalties. For example, if you are required to complete probation, you must wait until after you are cleared of this requirement. People convicted of a third-degree felony must wait three years before pursuing expungement. You may also request expungement one year after forfeiting bail.

Can all offenses be expunged in Ohio?

While most records can be sealed, Ohio makes exceptions for some crimes. For example, most sexual offenses, including rape, sexual imposition, and pandering obscenities involving a minor are not eligible for expungement. First- and second-degree felonies, as well as DUIs and other crimes involving a motor vehicle, also cannot be sealed.

If you need a reliable defense attorney to help you petition the court for expungement, contact James F. Bogen, Attorney at Law, in Cincinnati, OH. In practice since 2002, he has been dedicated to providing an aggressive defense for each client, and he works in a variety of criminal cases. Visit the website to learn more about his practice areas, and call (513) 503-7251 to schedule a consultation.