If you have a criminal record in Fayette County, Ohio, you may want to file for record sealing/expungement. Before you file, it would be beneficial to have information. Online, there is a lot of information, but not all of it is accurate and applicable to Ohio. The information on this page is accurate and applicable to Ohio. If you are interested in representation for sealing/expunging a criminal record in Fayette County, this information will be beneficial. It may also be beneficial to hire a lawyer. If you decide to hire a lawyer, the Dominy Law Firm can help.
Record Sealing and Expungement-What is It?The definitions of record sealing and expungement vary from state to state. In Ohio, record sealing is having records kept in a way they are not available to the public. Record expungement, on the other hand, is having records totally destroyed. Whether a criminal record is sealed or expunged, the record will not be available to the public.
Record Sealing and Expungement-What Cases are Eligible?The Ohio Revised Code makes record sealing/expungement available for most, but not all, criminal records. Record sealing/expungement is not available for traffic conviction records. There are some criminal convictions which are not eligible for expungement. Those convictions include Domestic Violence, felonies of violence, felonies of the first degree, and felonies of the second degree. A complete list of convictions for which sealing/expungement is not available can be viewed in section 2953.32 of the Ohio Revised Code.
Municipal Court of Washington CourthouseIn Fayette County, Ohio, most misdemeanor crimes are heard in the Washington Courthouse Municipal Court. That court hears misdemeanor offenses and also hears the beginning stages of felony offenses. If you were charged with a misdemeanor crime in the Fayette Municipal Court, and if the crime is eligible, you can file an application for record sealing and/or expungement in the Clerk of Court office of the Fayette County Municipal Court.
Common Pleas Court of Fayette CountyIn Fayette County, Ohio, felony crimes are heard in the Fayette County Common Pleas Court. That court hears felony offenses and sometimes hears misdemeanor cases as well. If you were charged with a crime in the Fayette County Common Pleas Court, and if the crime is eligible, you can file an application for record sealing and/or expungement in the Fayette County Common Pleas Court
Record Sealing and Expungement-What are Waiting Periods?A waiting period is the period of time a person must wait to file an application for criminal record sealing/expungement. There are two variables which determine waiting periods. First, waiting periods are determined by whether the case was resolved with a conviction/bail forfeiture or a not guilty verdict/dismissal/no bill/pardon. Second, waiting periods are also determined by the level and nature of the offense(s).
A waiting period may also depend on the number of offenses involved. If a case involved two or more offenses from the same conduct and the offenses have different waiting periods, the application for sealing/expungement is not acceptable until the waiting period has expired for all the offenses. Waiting periods are discussed in Ohio Revised Code section 2953.32 and Ohio Revised Code section 2953.33.
Record Sealing and Expungement-What is The Process?The beginning of the process for criminal record sealing/expungement is filing an application with the court which heard the case. Once the application is submitted, the prosecutor’s office is made aware of the application, and that office may object to the records being sealed/expunged. After that, a hearing is held on the application.
During a sealing/expungement hearing, the judge hears from the parties and makes decisions. The judge rules on whether the case is eligible, whether the applicant has been sufficiently rehabilitated, and whether the applicant’s need to have the records sealed/expunged outweighs any governmental need to keep the records from being sealed/expunged. The judge then decides whether the application for sealing/expungement will be granted or denied.
Record Sealing and Expungement-Lawyers for Fayette County, OhioThe judge has wide latitude in deciding whether to grant or deny an application for record sealing/expungement. For that reason, it can be beneficial to have the representation of an experienced lawyer when seeking criminal record sealing/expungement.
The Dominy Law Firm lawyers have experience in record sealing/expungement. Over the past two decades, we have helped many clients clear their records. The geographic area served by the Dominy Law Firm is central Ohio, and that includes Fayette County. To discuss representation for your case, you can call us at 614-717-1177 or submit a CONTACT FORM to schedule a free phone consultation.