Columbus Expungement Lawyer

Mistakes made years ago can come back to haunt you when trying to begin a career or rent a decent apartment. One conviction can cause you to be turned down by a potential employer or potential residence. If you have suffered the collateral consequences of a criminal record due to an old mistake, contact a Columbus expungement lawyer from Luftman, Heck & Associates at (614) 500-3836 to schedule a free consultation.

Our Columbus criminal defense law firm may be able to help you clear your record and achieve your goals without constant repercussions from old mistakes.

What Is Expungement?

Under Ohio law, expungement is a process by which a judge clears the public record of your previous criminal conviction and seals the court files regarding that conviction. This is often deemed having your record sealed. It is not an automatic process. If you want to learn how to clear your criminal record, you will have to speak with an attorney, determine if you are eligible, and begin the process in your local Ohio court system.

If you are able to obtain an expungement, then your history will look as if that conviction never happened. It will not come up on background checks.

The Benefits of Expungement

There are a number of advantages to having a criminal conviction expunged. Convictions, particularly for felonies, can hold you back from obtaining a professional license or being hired for a good job. You may have found you have to work at whatever job will hire you, even if it is below your skill level or does not pay enough to support yourself and your family.

In addition to helping your career, clearing your criminal record can help you go to school and obtain private and federal loans. If you have been wanting to go to college or begin an apprenticeship but were worried about your record, an expungement will give you a clean slate to move forward with your goals.

You may also have experienced difficulties in renting safe and affordable places to live. With a clean record, a potential landlord is less likely to deny your rental application.

Qualifying for Expungement in Ohio

Expungement in Ohio is only allowed in certain cases. Before you move forward with the process, you should speak with a Columbus expungement lawyer to determine if you are eligible.

To be eligible for expungement, you must be able to agree with these statements:

1. Your conviction is not one that is specifically excluded
2. You were not subject to a mandatory prison term upon conviction
3. You were convicted of a misdemeanor AND it has been more than one year since you completed your sentence OR you were convicted of a felony and it has been more than three years since you completed your sentence
4. You are not part of any current criminal or traffic proceedings
5. You have not had a previous conviction expunged

You can apply to have multiple misdemeanors or fourth or fifth-degree felonies expunged from your record at once, or up to two third-degree felonies. You may also qualify to have your records sealed if you were charged with a crime but you were found innocent or the case was dismissed. However, if you were simply arrested and not charged with a crime, you cannot have the arrest record expunged.

Convictions That Disqualify You From Expungement

Not all convictions can be expunged. Here are the types of convictions that are specifically excluded under Ohio law:

• First-degree felonies
• Second-degree felonies
• First-degree misdemeanor or felony offenses in which the victim was younger than 18 years old
• First-degree misdemeanor or felony violent crimes, with a few exceptions
• Sexual offenses

A Columbus expungement lawyer can review your previous conviction and inform you of whether it disqualifies you from expungement or could possibly be sealed.

The Process of Obtaining an Expungement

Once you and your attorney determine you meet the basic qualifications for expungement, you must begin the legal process. This requires obtaining the order of the conviction you want to have sealed. Your lawyer can contact the county clerk where you were convicted to get these records. Next, your Columbus expungement lawyer will file the initial paperwork to begin the proceeding, this is known as the application for sealing a criminal record pursuant to the Ohio Revised Code §2953.32.

Once the paperwork is filed along with the court fee, your hearing will be set between 45 and 90 days of the filing date. Depending on the circumstances, your Columbus expungement lawyer may attend this hearing alone or advise you to come along. At the hearing, your attorney will prepare a statement regarding your rehabilitation and need for an expungement.

The Judge Has Discretion

Obtaining an expungement heavily depends on showing the judge that you have been rehabilitated, are highly unlikely to commit another crime, and are a productive member of the community. It is in the judge’s hands whether or not you can have your records sealed, even if you meet all of the basic eligibility requirements. This means your attorney may have you take additional steps to prove your record should be altered to the judge. For example, if you were addicted to drugs or alcohol at the time of your conviction, you may want to provide evidence of your sobriety. If you had a psychological issue, you may want to show the judge that you have participated in counseling.

Let an Expungement Lawyer in Columbus, OH Help

You may think you can handle the legal process of seeking an expungement on your own. However, this process all comes down to impressing a judge. At Luftman, Heck & Associates, we have years of experience helping individuals seal their records. We understand how to build and articulate a persuasive argument to the judge. We can help you take steps in your life prior to filing your application that will support your claim, such as remaining at a job for a significant period of time, undergoing drug testing to prove you are clean, or seeing a therapist.

Frequently Asked Questions About Expungement in Ohio

How Do I Expunge A Felony In Ohio?

To expunge a felony in Ohio, you must meet eligibility requirements: it must be a non-violent, non-sexual fourth- or fifth-degree felony, you must have completed your sentence, and at least three years must have passed. A Columbus expungement lawyer will file a motion to seal the record in the original sentencing court, and a judge will determine if your record should be sealed based on your rehabilitation and public interest.

What’s The Difference Between Expungement And Sealing A Record In Ohio?

In Ohio, “expungement” and “record sealing” are often used interchangeably, but legally, Ohio courts seal criminal records rather than destroy them. Sealed records are removed from public view but may still be accessible to law enforcement and certain employers, like those in government or childcare.

Can I Expunge Multiple Convictions In Ohio?

Yes, Ohio law allows for the expungement of multiple convictions depending on the degree and type. You may expunge multiple misdemeanors or certain fourth- and fifth-degree felonies. However, limits apply to third-degree felonies, and first- and second-degree felonies are generally not eligible.

How Long Do I Have To Wait Before I Can File For Expungement?

The waiting period in Ohio is typically one year after completing the sentence for misdemeanors and three years for eligible felonies. Dismissed charges and not guilty verdicts may be sealed immediately. Your attorney will verify when you’re eligible to apply based on your specific case.

Will Expungement Remove My Record From Background Checks?

Once sealed, your record will not show up on most standard background checks used by employers or landlords. However, certain government agencies and professional licensing boards may still access sealed records under limited circumstances.

Can I Seal A Record If I Was Found Not Guilty Or My Case Was Dismissed?

Yes. In Ohio, if you were found not guilty or your case was dismissed, you are generally eligible to have the record sealed immediately. This helps you avoid collateral consequences from charges that didn’t result in a conviction.

What Convictions Cannot Be Expunged In Ohio?

Convictions not eligible for expungement include first- and second-degree felonies, violent crimes, sex offenses, crimes involving children, and convictions with mandatory prison terms. A qualified expungement attorney can review your specific charges to determine your options.

Do I Need To Attend My Expungement Hearing?

Not always. Your attorney may be able to appear on your behalf, especially if your case is straightforward. However, in some cases, appearing in person can demonstrate rehabilitation and support your request. Your lawyer will advise you on what’s best for your situation.

Is It Worth Hiring A Lawyer For An Expungement In Ohio?

Absolutely. While you can file on your own, having a lawyer improves your chances by ensuring your application is complete, your eligibility is verified, and your case is presented effectively. Judges have discretion, so persuasive legal advocacy can make all the difference.

Contact a Columbus Expungement Lawyer with LHA!

If you have any questions about an expungement or if you need an experienced Columubus criminal defense lawyer to review your options, please contact Luftman, Heck and Associates to schedule a free consultation by calling (614) 500-3836 or emailing us via advice@columbuscriminalattorney.com.