April 30, 2024 | Ohio Law
A misdemeanor conviction in Ohio can have a significant impact on your life, affecting employment and housing opportunities, not to mention the penalty directly assessed by the court.
Knowing how long these crimes stay on your record – and how to expunge them, if possible – is important for those looking to clear their name and lessen their impact.
Misdemeanors Aren’t Automatically Expunged in Ohio
In Ohio, a misdemeanor does not automatically fall off your criminal record over time. It remains part of your permanent criminal history unless it’s expunged or sealed through a formal court process.
Therefore, obtaining the relevant information about how to possibly clear misdemeanor charges is necessary to minimize their long-term effects on your future.
Who Qualifies for Expungement in Ohio?
Only eligible offenders can request expungement. A person might be eligible if:
- They have no pending criminal cases
- The conviction they seek to expunge did not involve a mandatory prison term
- The applicable waiting period has passed for the conviction in question.
However, certain crimes are not eligible for expungement in Ohio, including:
- First or second-degree felonies
- Assault
- Murder
- Rape and certain sex crimes
- Inciting violence
- DUI (Driving Under the Influence)
- Domestic violence
- Menacing by stalking
Always consult with a lawyer regarding expungement to fully understand the steps you need to take for a successful expungement.
Waiting Period for Misdemeanor Expungement in Ohio
Understanding the waiting period for misdemeanor expungement in Ohio is important if you’re considering this legal pathway.
After all terms of your case have been satisfactorily completed, including probation and any associated court orders, there’s a statutorily required one-year waiting period before you can file to get a misdemeanor expunged from your record.
How To Expunge Your Record in Dayton, Ohio
Expunging your criminal record in Dayton, Ohio requires attention to detail and adherence to the proper procedures. Here’s what you need to do:
Contact a Criminal Defense Lawyer
To expunge your record in Dayton, Ohio, one of the first actions a defendant should take is to contact a criminal defense lawyer. A skilled attorney with experience in this area can provide valuable guidance.
Confirm Your Eligibility
Before initiating the expungement process in Ohio, it is crucial to determine with your lawyer if you are eligible. Under Ohio law, eligibility depends on several factors, including the nature of the crime, the number of convictions, and how much time has passed since the conviction and the completion of your sentence.
Prepare and Submit Your Expungement Application
Once you’ve confirmed your eligibility, the next step is to prepare your expungement application. This involves gathering necessary documents, such as your criminal record, any relevant court documents, and proof of rehabilitation, which may include character references or certificates from rehabilitation programs. Filling out the application accurately is critical to avoid delays in the process.
You will also need to pay the filing fee at the time of submission, which can be done at the court clerk’s office where your conviction was processed.
Attend Expungement Hearing
At the misdemeanor expungement hearing, your lawyer will be prepared to present your case. This may involve explaining to the judge how you have changed since the conviction and the steps you have taken toward rehabilitation. If the expungement is granted, the court will order the sealing of your criminal record, significantly reducing its visibility to the public and certain employers.
However, expunged records may still be considered in certain situations, such as applying for some professional licenses or jobs within the criminal justice system.
Contact the Dayton Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
Seeking an expungement in Dayton, Ohio, provides you with the opportunity to move into the future without the heavy burden of your past. Determining your eligibility and moving forward with the process can be complicated, so working with a defense attorney is the best step you can take.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129
Dayton, OH 45402
United States
