August 9, 2023 | Court Process
Expungement is a legal process where the court clears all references to a person’s criminal record. Sometimes it is called “sealing” your record. If eligible, one can expunge criminal charges, records of arrest, dismissed charges, acquittals, and even convictions.
When you expunge your record, it’s as though it never happened. This can make it easier to pass background checks. This can help you get jobs, find housing, and live your life free from fear that someone will bring up your record.
Below you’ll find what you need to know about expungement in Dayton, Ohio.
Expungement Process in Dayton, Ohio
In order to expunge your record, you need to fill out forms at the court where you were convicted. You will file your forms with the court and send a copy to the prosecutor’s office. If you are expunging a conviction, you will pay a filing fee.
After you apply for expungement, a hearing is scheduled. The prosecutor has an opportunity to object to the expungement, and you have the opportunity to argue in favor of the expungement. This may include explaining how your criminal record has affected you, how you have been rehabilitated, and why it is in the public interest to seal it.
The judge will then decide whether or not to expunge your record. It is not automatic, and it is not guaranteed. The judge decides on a case-by-case basis. If the judge agrees to expunge your record, then it will take several weeks for it to be processed and sealed.
What Convictions Are Eligible for Expungement?
In general, most convictions are eligible for expungement in Ohio. However, the following convictions are ineligible for expungement in Dayton:
- Certain violent felony offenses
- A sex crime requiring you to register as a sex offender
- An offense against a person under 13 years old
- Violation of a protective order or a crime of domestic violence
This list is not exhaustive. You should ask a lawyer specifically about your conviction to make sure it is an option.
Furthermore, you will need to wait a certain period before requesting expungement. This time will vary depending on the conviction.
Do I Need a Lawyer To Get My Record Expunged in Dayton?
Technically you don’t need a lawyer to get your record expunged, but it can be helpful. This is especially true if you have a complicated criminal record or are attempting to expunge a more serious crime. In these cases, the prosecutor is more likely to object. You’ll want a lawyer to argue on your behalf.
A lawyer can help you make a strong argument in favor of expungement. This might include calling witnesses and providing evidence of your rehabilitation to the court. Furthermore, an attorney can help you keep track of important deadlines and court dates.
Can I Reapply if My Application Is Denied?
If your initial application for expungement is denied, an attorney might be able to help you reapply. However, this is not guaranteed. You can only reapply if there has been a change in circumstances. Any other action is barred by the doctrine of res judicata.
For example, if the law in Ohio changes or you have become rehabilitated since you first applied, you may be allowed to reapply. However, you should not count on being allowed to reapply for expungement. It is best to make the strongest case at the first hearing. A Dayton expungement lawyer can help make sure you put your best foot forward.
Contact the Dayton Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Dayton
130 West Second Street #17-129
Dayton, OH 45402