can I file to have my record expunged by myself? ...

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can I file to have my record expunged by myself?

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DakotaLegal's picture

 

 
Yes, certainly. Representing yourself in an expungement can be a way to save legal costs, but does have to be done carefully. Ohio is also pretty tough in allowing “expungement.” I’m going to assume that you are asking only about an adult offense: juvenile offenses are treated somewhat differently. You may also consider getting either some low-cost legal help, but we’ll talk about that possibility, last.
 
There’s a waiting period, based on your original offense. For a misdemeanor, you’ll wait one (1) year after ending your sentence. If it was a felony, then three (3) years after completing your sentence. If the police or DA “ignored” or Nolle Prossed your case, it still takes two (2) years of waiting. Only if there was a dismissal or an acquittal is there no waiting period.
 
 
The “Expungement” Process In Ohio: Sealing Records
 
I’ll use the word expungement since it’s so commonly known. But in fact, there’s no legal “expungement” in Ohio. Instead, there’s a process of “sealing” the record. The Ohio ‘expungement’ law is here…http://codes.ohio.gov/orc/2953.32.
 
The difference between sealing and expunging is that expungement is physically destroying a record. Sealing makes it hard for the public and most other people to see a crucial record (including arrests). So Ohio’s legislature has made the choice to seal records, meaning the FBI or the Bureau of Criminal Identification (Ohio’s state police) can still see your record. Here’s one Ohio County’s checklist for sealing: http://www.courtclerk.org/forms/expunge_guidelines.pdf.
 
There may be other people or police that have a legal right to see even a sealed record:
 


  • Prosecutors, judges, and police if you have to face any future criminal investigations;

  • A Judge who might consider your prior conviction if you ever again face future sentencing;

  • Some jobs: such as… law enforcement, jobs working with children or the elderly (in a school or at a health-care service), as well as some occupational licenses in real-estate or some financial institutions;

  • Ohio state professional-licensing boards, including the Ohio State…Accountancy Board, State Medical Board, State Dental Board, State Board of Nursing, State Board of Psychology.

 
Some convictions are not eligible for sealing, ever. This means no sealing for any first or second degree felony, or for any offense with a mandatory prison term. Most sexual offenses, and even all traffic offenses, cannot be sealed. There are also many vehicle offenses that cannot be sealed, which often surprise Ohioans:
 
Trying to sell a car whose odometer was tampered with; selling or possessing a ‘master key’ designed to fit more than one vehicle; any driving under license suspension (or refusing to take a breathalyzer/chemical test ); a DUI; street racing; and most types of hit-and-runs, or leaving the scene of an accident.
 
 
Are There Ways To Get Expungement, With Lowered Cost Legal Help?
 
Depending on your income, you may be able to get low or no-cost legal help: http://www.ohiolegalservices.org/.
 
Regardless of whether you do it by yourself, or with some help, you’ll need to be sure that you seal records in every county where some or all the arrest was prosecuted. After receiving the order of sealing, be sure to follow up, after six months or a year, to be certain your record is sealed.

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DakotaLegal's picture

 

 
Yes, certainly. Representing yourself in an expungement can be a way to save legal costs, but does have to be done carefully. Ohio is also pretty tough in allowing “expungement.” I’m going to assume that you are asking only about an adult offense: juvenile offenses are treated somewhat differently. You may also consider getting either some low-cost legal help, but we’ll talk about that possibility, last.
 
There’s a waiting period, based on your original offense. For a misdemeanor, you’ll wait one (1) year after ending your sentence. If it was a felony, then three (3) years after completing your sentence. If the police or DA “ignored” or Nolle Prossed your case, it still takes two (2) years of waiting. Only if there was a dismissal or an acquittal is there no waiting period.
 
 
The “Expungement” Process In Ohio: Sealing Records
 
I’ll use the word expungement since it’s so commonly known. But in fact, there’s no legal “expungement” in Ohio. Instead, there’s a process of “sealing” the record. The Ohio ‘expungement’ law is here…http://codes.ohio.gov/orc/2953.32.
 
The difference between sealing and expunging is that expungement is physically destroying a record. Sealing makes it hard for the public and most other people to see a crucial record (including arrests). So Ohio’s legislature has made the choice to seal records, meaning the FBI or the Bureau of Criminal Identification (Ohio’s state police) can still see your record. Here’s one Ohio County’s checklist for sealing: http://www.courtclerk.org/forms/expunge_guidelines.pdf.
 
There may be other people or police that have a legal right to see even a sealed record:
 


  • Prosecutors, judges, and police if you have to face any future criminal investigations;

  • A Judge who might consider your prior conviction if you ever again face future sentencing;

  • Some jobs: such as… law enforcement, jobs working with children or the elderly (in a school or at a health-care service), as well as some occupational licenses in real-estate or some financial institutions;

  • Ohio state professional-licensing boards, including the Ohio State…Accountancy Board, State Medical Board, State Dental Board, State Board of Nursing, State Board of Psychology.

 
Some convictions are not eligible for sealing, ever. This means no sealing for any first or second degree felony, or for any offense with a mandatory prison term. Most sexual offenses, and even all traffic offenses, cannot be sealed. There are also many vehicle offenses that cannot be sealed, which often surprise Ohioans:
 
Trying to sell a car whose odometer was tampered with; selling or possessing a ‘master key’ designed to fit more than one vehicle; any driving under license suspension (or refusing to take a breathalyzer/chemical test ); a DUI; street racing; and most types of hit-and-runs, or leaving the scene of an accident.
 
 
Are There Ways To Get Expungement, With Lowered Cost Legal Help?
 
Depending on your income, you may be able to get low or no-cost legal help: http://www.ohiolegalservices.org/.
 
Regardless of whether you do it by yourself, or with some help, you’ll need to be sure that you seal records in every county where some or all the arrest was prosecuted. After receiving the order of sealing, be sure to follow up, after six months or a year, to be certain your record is sealed.