How to get a misdemeanor expunged in Ohio?

How to Get a Misdemeanor Expunged in Ohio?

In Ohio, a misdemeanor conviction can have a significant impact on your life, making it difficult to find employment, housing, and even education opportunities. Fortunately, Ohio law allows individuals to seek expungement of their misdemeanor convictions, giving them a second chance to start fresh. In this article, we will guide you through the process of getting a misdemeanor expunged in Ohio.

Eligibility for Misdemeanor Expungement in Ohio

To be eligible for misdemeanor expungement in Ohio, you must meet the following criteria:

• The conviction was for a misdemeanor offense
• You have completed your sentence, including any probation or community control sanctions
• You have not been convicted of a felony or another misdemeanor within the past five years
• You have not been convicted of a serious offense, such as a violent crime or drug trafficking

The Expungement Process in Ohio

The expungement process in Ohio involves several steps:

• Step 1: Determine Eligibility: Review the eligibility criteria above to ensure you meet the requirements.
• Step 2: Gather Required Documents: Collect the following documents:

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  • A certified copy of your conviction record
  • A copy of your court file, including the indictment or complaint, and the judgment and sentence
  • A copy of your driver’s license or state ID
  • Proof of residency in Ohio

• Step 3: Fill Out the Petition: Complete the petition for expungement (Form JC2) and attach the required documents.
• Step 4: File the Petition: File the petition with the court that handled your original conviction.
• Step 5: Pay the Filing Fee: Pay the required filing fee, which is currently $47.
• Step 6: Serve the Prosecutor: Serve the prosecutor’s office with a copy of the petition and supporting documents.
• Step 7: Wait for a Hearing: Wait for a hearing date to be set, which may take several months.
• Step 8: Attend the Hearing: Attend the hearing and present your case to the judge.
• Step 9: Receive the Judge’s Decision: Receive the judge’s decision, which may be to grant or deny the expungement.

Types of Misdemeanors That Can Be Expunged in Ohio

Ohio law allows for the expungement of the following types of misdemeanors:

• Misdemeanors of the First Degree: These are misdemeanors punishable by up to 180 days in jail.
• Misdemeanors of the Second Degree: These are misdemeanors punishable by up to 90 days in jail.
• Misdemeanors of the Third Degree: These are misdemeanors punishable by up to 60 days in jail.

Expungement of Misdemeanors with Multiple Convictions

If you have multiple misdemeanor convictions, you may still be eligible for expungement. However, you must meet the following criteria:

• Multiple Misdemeanors of the Same Degree: If you have multiple misdemeanors of the same degree (e.g., multiple first-degree misdemeanors), you may be eligible for expungement if you have completed your sentence and have not been convicted of another misdemeanor within the past five years.
• Multiple Misdemeanors of Different Degrees: If you have multiple misdemeanors of different degrees (e.g., a first-degree misdemeanor and a second-degree misdemeanor), you may be eligible for expungement if you have completed your sentence and have not been convicted of another misdemeanor within the past five years.

Timeline for Misdemeanor Expungement in Ohio

The timeline for misdemeanor expungement in Ohio is as follows:

• Initial Filing: You may file your petition for expungement at any time after completing your sentence.
• Hearing: The hearing may take several months after filing the petition.
• Judge’s Decision: The judge’s decision may take several weeks to several months after the hearing.
• Expungement Order: If the judge grants the expungement, the order will be issued and the conviction will be removed from your record.

Conclusion

Getting a misdemeanor expunged in Ohio can be a complex and time-consuming process. However, with the right guidance and preparation, you can successfully expunge your conviction and start fresh. Remember to review the eligibility criteria, gather required documents, and follow the expungement process carefully. By doing so, you can take the first step towards a brighter future.

Table: Misdemeanor Expungement Process in Ohio

Table: Types of Misdemeanors That Can Be Expunged in Ohio

Table: Timeline for Misdemeanor Expungement in Ohio