Do I Qualify for an Expungement of My Criminal Record?

A criminal arrest or conviction can have long-term consequences even after you’ve been found not guilty or paid your debt to society—including difficulty obtaining housing, employment, or educational opportunities. Fortunately, you may qualify for expungement, which permanently seals their criminal records. The legal effect of an expungement means that an arrest or conviction did not occur in the eyes of the law.

Understanding Expungement

In Ohio, certain offenders may qualify for expungement of their criminal record. Expungement causes a criminal record to be destroyed, deleted, erased from physical and electronic records so that the criminal record is permanently irretrievable. Expungement can give a convicted defendant a fresh start after completing their sentence by freeing them from the personal or social stigmas that come with a criminal record. Unfortunately, the law imposes strict eligibility criteria for expungement for people convicted of criminal offenses under Ohio criminal law.

General Eligibility Criteria

Under Ohio law, an offender must meet specific eligibility criteria to qualify for an expungement of their criminal record, including:

• The offender has completed their sentence, including any incarceration or probation term, parole, fines, and restitution.
• The offender cannot expunge the record of an offense barred by law from expungement, such as most violent crimes and sex offenses.
• The offense did not involve a mandatory prison term (the defendant remained eligible for probation).
• The offender has one misdemeanor, one felony, two misdemeanors, or one misdemeanor and one felony; having more offenses on one’s record may disqualify them from expungement.
• The offender has completed the statutory waiting period for the offense for which they wish to expunge their records.
• The offender does not have pending criminal charges.

In addition, a person who had their charges dismissed or received an acquittal at trial can pursue expungement of their arrest record after the conclusion of their case.

Benefits of Expungement

Some of the benefits of expungement of an arrest or criminal record include:

• Expungement causes a criminal record to be destroyed, deleted, erased from physical and electronic records so that the criminal record is permanently irretrievable. Individuals with their records expunged may legally deny that they had an arrest or conviction (except in limited circumstances).
• Improved access to personal and professional opportunities: Expungement of criminal records can improve an individual’s access to employment, educational, housing, or financial opportunities.
• Relief from social stigmas: Because a person who receives an expungement may deny that their arrest or conviction occurred, they may obtain a fresh start free from the social stigmas that come with an arrest or conviction.

Contact a Criminal Defense Lawyer Today

Expungement can give you a fresh start, free from the stigma of a criminal record. Let a criminal defense attorney from The Law Offices of Saia, Marrocco & Jensen Inc. help you pursue your legal options for sealing your criminal record. Contact us today for a free, confidential consultation for our legal team to evaluate your eligibility for an expungement of your criminal record in Ohio.