Ohio Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Ohio's new statute increases the number of convictions that can be expunged and sealed. The definition of ?eligible offender? has expanded to include anyone who has been convicted of up to 5 felony offenses and unlimited misdemeanor offenses.

The following provisions go into effect on April 6, 2023: Up to two (2) felonies of the third degree and a variety of felonies of the fourth and fifth degrees and misdemeanors can apply for sealing. Bail forfeiture can be sealed at the time of forfeiture.

At the hearing for expungement, the court has the discretion to determine whether it will grant, or deny, the application for record expungement based upon the evidence and arguments presented to it at the hearing. There are several factors that the court shall consider during the expungement hearing.

In Ohio, adult convictions generally cannot be ?expunged? or completely erased from your record. Instead of expungement, Ohio uses a court process called ?sealing a criminal record.? If your record is sealed, you do not have to disclose your conviction, arrest, or any charge against you when you apply for most jobs.

The Second Chance Act of 2007 aims to reduce recidivism, rebuild ties between defendants/persons under supervision and their families, support evidence-based practices, protect the public, and assist in establishing a self-sustaining life.

It is a legal process provided under Section 2953 of the Ohio Revised Code that allows one to have any and all references to a prior criminal conviction cleared and their court file sealed. The result of this process is as if you were never convicted of the crime.

Expungement in Ohio is a legal process provided under Section 2953 of the Ohio Revised Code. This allows a person to have all references to a prior criminal conviction cleared and their court file sealed. This means that, in the eyes of the law, the case never happened.

In some circumstance, law enforcement or the courts may be able to access your sealed records as part of a new criminal case or investigation, including: Prosecutors, judges, and police if there are future criminal investigations. Judges considering bond, convictions, or sentencing in future crimes.

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Ohio Motion for New Trial for Purpose of Expunging Criminal Record