Expungement Of Criminal Records In Cuyahoga County
In the state of Ohio, the legal process to have your criminal convictions removed or sealed from your record is called “expungement.” You may be wondering, why should I get my criminal record expunged? There are plenty of benefits, some of which include more job opportunities and the ability to obtain professional licenses. After having a charge expunged, your criminal background check will come back clean. Although not all criminal offenses are eligible to be expunged, there are many that are including theft, drug possession, disorderly conduct, underage alcohol consumption and Fake I.D. charges. If you or a child are seeking record sealing services, contact our Strongsville expungement attorney at Godinsky Law LLC for a free consultation and to determine if your charges are eligible to be expunged.
Who Can Get Their Record Expunged?
Although the idea of expungement is great, there are numerous rules and regulations established by the state of Ohio that must be followed in order to successfully seal a criminal record. In order to be eligible for expungement in Ohio, someone convicted of five or less criminal offenses must apply to the court that sentenced them to have their record sealed. According to Ohio Revised Code § 2953.32, offenders must meet the following requirements to be eligible for expungement:
The Record Sealing Process
In summation, the expungement process involves the filing of an application for sealing of records along with payment of a $50 fee. Next there will be a review of the application by the court and prosecutor to determine eligibility and objections. Finally, if the application is approved, the court will order for the records in question to be sealed. Below is a more in-depth look into each of the steps in the process.
Review Your Eligibility for Expungement
It's important to understand that not all criminal offenses are eligible to be expunged in Ohio. When you come to Godinsky Law LLC for assistance with the record sealing process, the first thing our Strongsville expungement attorney will do is review your case to ensure that you're eligible for expungement. If you are eligible, Chris Godinsky will immediately get to work and begin working on the next steps in the record sealing process. Alternatively, if you're not eligible, we'll walk you through your alternative options.
Process Your Expungement Paperwork
It shouldn't come as a surprise the the record expungement process requires a lot of paperwork. From requesting documentation from the county clerk to submitting the formal application to the court, the administrative load can sometimes feel never ending and leave many who are accustomed with the process overwhelmed. Fortunately, when you hire an experienced Strongsville record sealing attorney, you won’t need to worry about completing a mountain of paperwork on your own. Godinsky Law LLC will handle all of your administrative needs on your behalf.
Represent You at Your Expungement Hearing
As part of the record sealing process, you will be required to appear at an expungement hearing. At this hearing, a judge will review the details of your criminal charge and decide if your conviction can and should be expunged. Having a skilled expungement lawyer is crucial in this step of the record sealing process. Chris Godinsky can ensure that your hearing runs smoothly and will be by your side every step of the way. When you work with Godinsky Law LLC, knowledge and experience in these record sealing process is exactly what you will get. We have been representing the people of Cuyahoga County for over 10 years at their expungement hearings. From North Royalton to Olmsted Falls, we will fight for you and your right to a second chance.
The Benefits of Sealing Your Criminal Record
A recent study revealed that roughly one in three adults in the U.S. have some type of arrest record. Due to a criminal record being a public document, this not so flattering information can be harmful to your public image. For example, prospective employers can look into a person’s past and hold an arrest, criminal charge, conviction and sentence, even if it’s just probation or a small fine, against them. Luckily, record expungement is possible for many criminal charges in Ohio, and our Strongsville record sealing lawyer specializes in these very cases. Some more benefits of sealing a criminal record include:
Crimes Excluded From Expungement Consideration
Similar to other states, in Ohio, there are various types of criminal charges which cannot be sealed from your record. In most cases, this includes any first or second degree felony, a sexual offense, or any felony or first-degree misdemeanor offense involving violence or where the victim was a minor. As stated before, record expungements in Ohio are not guaranteed. You must qualify for expungement or record sealing, apply for the process, and have a skilled attorney who can present your case. However, the following crimes and circumstances automatically eliminate you from consideration:
Learn More About Cuyahoga County Common Pleas Court
The Waiting Period For Record Expungement
The waiting period for criminal records varies from state to state. In Ohio, you be required to wait anywhere from 1 to five 5 years from the day your case was fully discharged before you can apply to have your record sealed. If you've been convicted of a misdemeanor, you will have to wait 1 year from final discharge before you're eligible to have your record sealed. However, if you were arrested for a misdemeanor and you forfeited bail, you will have to wait 1 year from the date of the bail forfeiture. If you were convicted of just one felony, you will have to wait 3 years from the final discharge before your record can be sealed. As of 2018, the state of Ohio began allowing record sealing for multiple convictions of felonies of the 4th or 5th degree. For two felonies, the waiting period is 4 years, and 3-5 felonies, it is 5 years.
Can A DUI/OVI Offense Be Expunged?
A DUI/OVI charge in Ohio can be a life altering moment. If you're like most people, you're likely wondering if it's possible to have a prior DUI/OVI charge expunged from your criminal record. Although DUI convictions may be eligible for expunction in other states, it’s not so simple to remove a DUI/OVI offense in Ohio. It's true that most first-time, non-violent offenses can be removed from your criminal record through expungement. However, If you are convicted of a DUI/OVI offense, it cannot be sealed or expunged in Ohio. Therefore, any DUI/OVI conviction will stay on your criminal record for the rest of your life.
Frequently Asked Questions
According to § 2953.32 of the Ohio Revised Code, the record sealing process involves the filing of an application for sealing of records along with payment of a $50 fee. Next, that application will be reviewed by the court and prosecutor to determine eligibility and objections. Finally, if the application is approved, the court’s order for the records to be sealed.
As many as 100 million Americans — potentially one in three adults in the U.S. — have some type of arrest record. Due to a criminal record being a public document, people with the interest such as prospective employers can look into a person’s past and hold an arrest, criminal charge, conviction and sentence, even if it’s just probation or a small fine, against them. Luckily, record expungement is possible for many criminal charges in Ohio. Contact Godinsky Law LLC today to speak with our experienced Strongsville expungement attorney.
Sealing a record in Ohio can be stressful and time-consuming. It entails court appearances and convincing a judge. For this reason, it makes sense to hire an experienced record sealing attorney in Cuyahoga County. Specifically, among other things, a record sealing lawyer can:
- Consult with you regarding your record to help determine if it can be sealed;
- Prepare your criminal records and documentation and file an application for your record to be sealed; and
- Represent you at your hearing to help convince the judge that you have been rehabilitated and that your record ought to be sealed.
Contact Our Strongsville Expungement Attorney
If you have been convicted of a felony charge in Cleveland, you still have options. Even if you are charged with a major felony, it's still possible to get your record sealed or erased in the future. At Godinsky Law LLC we believe those charged with felonies deserve a second chance, and that starts with a clean slate, or in this case, a clean criminal record. It's important to remember that an erased record is sealed away and not available for the public eye. This makes it much easier for you to move on with your life without fear of judgment and difficulties with things like obtaining employment, owning a firearm, or applying for a professional license. For more information about potentially getting your criminal record sealed, contact our Strongsville expungement attorney today for a free consultation.