How do I get a felony expunged in Ohio?
In Ohio, a felony conviction can have a significant impact on your life, making it challenging to find employment, rent an apartment, or even vote. However, under Ohio law, you may be eligible to have your felony conviction expunged, which means it is erased from your criminal record. In this article, we will guide you through the process of getting a felony expunged in Ohio.
Eligibility for Felony Expungement in Ohio
To be eligible for felony expungement in Ohio, you must meet certain criteria:
- You must have been convicted of a felony and have completed your sentence, including probation, parole, or mandatory supervised release.
- You must not have been convicted of a felony within the previous 10 years, excluding misdemeanors.
- You must not have been convicted of a felony that is currently punishable by death or imprisonment for life.
- You must not have been convicted of a felony that involves a victim who is a minor or a sex-related offense.
Types of Felonies that can be Expunged
Not all felonies in Ohio are eligible for expungement. The types of felonies that are eligible for expungement include:
- Felonies of the fourth or fifth degree
- Certain felonies of the third degree, such as trafficking in drugs or illegal guns
The Expungement Process in Ohio
The expungement process in Ohio involves several steps:
- Gathering Required Documents: You must gather the following documents:
- A copy of your felony conviction record from the Ohio Bureau of Motor Vehicles (BMV) or the Ohio Attorney General’s Office
- A copy of your indictment or information
- A copy of your conviction judgment
- Proof of completion of your sentence, including probation, parole, or mandatory supervised release
- Preparing and Filing the Petition: You must prepare and file a petition for expungement with the court where you were convicted. The petition must include the following information:
- Your name and address
- The type and date of your felony conviction
- A copy of your conviction record from the BMV or Attorney General’s Office
- A statement explaining why you are seeking expungement
- Serving the Petition: You must serve a copy of the petition on the prosecutor’s office where you were convicted. You can do this by mailing a copy of the petition to the prosecutor’s office or by having a process server deliver it in person.
- Opposition from the Prosecutor’s Office: The prosecutor’s office may oppose your petition for expungement, which means they may disagree with your eligibility for expungement. If they do, you will receive a notice of opposition from the court.
- Hearing: A hearing will be scheduled by the court to consider your petition for expungement. You must attend this hearing and present your case to the judge. You may want to consider hiring an attorney to represent you at the hearing.
- Order of Expungement: If the judge grants your petition for expungement, an order of expungement will be issued. This order will direct the Ohio BMV and other agencies to remove your felony conviction from your criminal record.
Timeline for Expungement in Ohio
The timeline for expungement in Ohio can vary depending on the complexity of your case and the court’s schedule. Generally, you can expect the following timeline:
- Pre-petition preparation: 1-2 weeks to gather required documents and prepare the petition
- Filing and serving the petition: 1 week
- Response from the prosecutor’s office: 1-2 weeks
- Hearing: 1-2 months
- Order of expungement: 1-2 weeks
Costs Associated with Expungement in Ohio
The costs associated with expungement in Ohio include:
- Petition fee: $60
- Filing fee: $45
- Service fees: $20-$50
- Attorney fees: varies depending on the attorney’s rates
Benefits of Expungement in Ohio
Expunging a felony conviction in Ohio can have significant benefits, including:
- Increased employment opportunities: Many employers will not consider your application if you have a felony conviction on your record. Expungement can give you a fresh start.
- Improved credit scores: A felony conviction can negatively impact your credit score. Expungement can help you improve your credit score.
- Reinstatement of civil rights: Expungement can reinstate your civil rights, including the right to vote and own a gun.
- Reduced stigma: Expungement can reduce the stigma of having a felony conviction.
Conclusion
Expunging a felony conviction in Ohio can be a complex and time-consuming process, but it can have significant benefits for your life. By understanding the eligibility requirements, the expungement process, and the benefits of expungement, you can take the first step towards a fresh start. Remember to gather the required documents, prepare and file the petition, serve the prosecutor’s office, and be prepared for a hearing. With the right preparation and guidance, you can achieve expungement and start rebuilding your life.
