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Expungement - What is it?

Expungement is a legal process in which you can clean up your criminal record. If you are successful, it is like the conviction never happened.

Generally, to be eligible for expungement, you:

  1. Must be a first offender;
  2. A certain amount of time must pass between conviction and requesting the expungement of that conviction (for misdemeanors, that time period is one year);
  3. Have no pending criminal charges at the time of the request; and
  4. Have been "rehabilitated."

Eligability

IF YOU ARE ELIGIBLE for expungement, the general process is as follows:

  1. You must file an Application for Expungement in the court in which you were convicted—the filing fee is usually around $50.00;
  2. File a notarized affidavit along with the application;
  3. Make several copies of the Application and Affidavit and submit the original and the copies to the appropriate Clerk of Courts;
  4. Serve (give) a copy of the motion to the Prosecutor's office that handled the original criminal case;
  5. The Court will check computer records to verify if you are a first offender;
  6. The Court may schedule a hearing (particularly, if the prosecutor objects to your expungement—a rare occurrence in Montgomery County and Greene County Municipal Courts);
  7. If everything checks out OK, the Court will issue a Court Order (called "Journal Entry of Expungement");
  8. It will be up to you to get this Court Order to the various law enforcement agencies that might have records of your conviction;
  9. At this point, upon a successful expungement of the criminal conviction, you can answer "no" to questions about criminal convictions posed by employers or schools.

To read the statutes governing Expungement, refer to Ohio Revised Code §2953.34.
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Last updated: Fri. Nov-17-06, 10:58
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