How to get a felony expunged in Ohio?

How to Get a Felony Expunged in Ohio?

If you have a felony conviction on your record, it can significantly impact your life, making it challenging to find employment, get loans, or even find a place to live. In Ohio, the law allows for the expungement of certain felony convictions, giving individuals a second chance to rebuild their lives. In this article, we will guide you through the process of getting a felony expunged in Ohio.

Eligibility for Felony Expungement in Ohio

Not all felony convictions are eligible for expungement in Ohio. To qualify, the conviction must be at least 5 years old, and you must have completed your sentence, including any probation or parole. Additionally, the crime must not have resulted in a sentence of life imprisonment or the death penalty. It is essential to note that certain crimes, such as child pornography and sexual offenses, are not eligible for expungement.

Types of Felony Expungements in Ohio

Ohio offers two types of felony expungements:

• Full Expungement: This type of expungement removes the conviction from your criminal record, including your fingerprints and DNA. Only certain types of crimes, such as non-violent drug offenses, are eligible for full expungement.
• Restricted Expungement: This type of expungement removes the conviction from your criminal record, but you must still disclose the offense on certain documents, such as job applications. Certain violent crimes, such as domestic violence, are eligible for restricted expungement.

The Expungement Process in Ohio

The expungement process in Ohio involves several steps:

1. Petition for Expungement: You must file a petition with the court, which includes your personal and criminal history information, the type of expungement you are seeking, and the reason for the request.
2. Order of Expungement: If the court grants your petition, it will issue an order of expungement, which will require the court to seal the conviction.
3. Notification: The court will notify the appropriate agencies, such as the Ohio Attorney General’s Office and the FBI, of the expungement order.
4. Certificate of Compliance: You will receive a certificate of compliance, which you can use to show proof of the expungement.

Required Documents for Expungement

To file a petition for expungement, you will need to provide certain documents, including:

• Criminal Record: A copy of your criminal record, which includes a summary of your conviction.
• Proof of Conviction: Proof of your conviction, such as a copy of the judgment and sentence.
• Proof of Completion of Sentence: Proof that you have completed your sentence, including any probation or parole.
• Proof of Eligibility: Proof that you are eligible for expungement, including your age, criminal history, and sentence.

Filing Fee

There is a $500 filing fee for expungement in Ohio, which must be paid at the time of filing.

Timeline for Expungement

The timeline for expungement in Ohio can vary, depending on the complexity of the case and the court’s workload. Generally, the process takes between 6-12 months.

What to Do After Expungement

After your conviction has been expunged, you can:

• Check Your Record: Contact the Ohio Attorney General’s Office or the FBI to confirm that your record has been updated.
• Notify Employers and Credit Agencies: Notify your employer and credit agencies of the expungement, and request that they update their records.
• Get a New Certificate of Employment: If you are unemployed, you can request a new certificate of employment that does not include the expunged conviction.

Conclusion

Expunging a felony conviction in Ohio can be a complex process, but it can give you a second chance to rebuild your life. It is essential to ensure that you meet the eligibility requirements and follow the correct procedures. By following the steps outlined in this article, you can navigate the expungement process and start fresh.

Frequently Asked Questions

• Can I get a felony expunged if I am still on probation or parole? No, you must have completed your sentence, including any probation or parole, before you can file a petition for expungement.
• Can I get a felony expunged if I have outstanding fines or restitution? Yes, but you must pay off any outstanding fines or restitution before you can file a petition for expungement.
• Can I get a felony expunged if I have multiple convictions? Yes, but you will need to file a separate petition for each conviction.
• How long does it take to get a felony expunged? The process typically takes between 6-12 months, but can take longer depending on the complexity of the case and the court’s workload.

Table: Felony Expungement in Ohio

Note: This article is meant to provide general information and should not be considered as legal advice. It is recommended that you consult with an attorney to determine your eligibility for expungement and to ensure that you follow the correct procedures.