Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
Cuyahoga Ohio Expungement Handbook - Procedures and Law
State:
Multi-State
Category:
County:
Cuyahoga
Control #:
US-EXPCR-2
Format:
Word;
Rich Text
470 downloads
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FAQ
Yes. If having your record sealed and expunged is important to you, and you want it done right, you should have a lawyer represent you through the legal process and at court. An application to the court for a sealing and expungement of record requires drafting and filing a legal motion.
Rape, sexual batter, corrupting a minor, gross sexual imposition, sexual imposition, obscenity involving a minor, pornography involving a minor, illegal use of a minor in pornography, and felonious sexual penetration are all convictions that cannot be expunged.
Call (216) 443-7580 to obtain an application....The waiting periods after final discharge are as follows: One year for misdemeanors; Three years if you only have a single felony conviction on your record; Four years if you have only two felony convictions; Five years if you have three to five felony convictions;
Qualifying for Expungement To qualify for expungement, you need to meet all of the conditions described in Section 2953 of the Ohio Revised Code, including: The conviction you are trying to expunge is not one of the crimes precluded by law. You were not subject to a mandatory prison term for the conviction.
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.
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.
How Long Does the Process of Expungement take in Ohio? An expungement takes about 6 weeks in Ohio. The fee for this application is $50 by Ohio law. The case is set on the docket in front of a judge who makes the final determination.
How Long Does the Process of Expungement take in Ohio? An expungement takes about 6 weeks in Ohio. The fee for this application is $50 by Ohio law. The case is set on the docket in front of a judge who makes the final determination.
Step One: Fill out the attached forms. Step Two: Return these forms to the Public Defender's Office in person, by mail or email pdgeneral@cuyahogacounty.us. Step Three: The Public Defender's office will do a preliminary assessment of your eligibility for expungement.
Typically, once the FBI receives certification of the record sealing from Ohio BCI&I, they will note that the record has been expunged and sealed but it will take approximately 30 days for them to complete their process. Expungement and sealing of a record should be pursued as soon as a person is eligible.