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When you have a criminal conviction on your record, it can follow you for the rest of your life. Fortunately, depending on the type of criminal offense you were found guilty of, you may have the opportunity to get your record expunged.
To understand whether you qualify for expungement (also called expunction), reach out to an experienced Akron expungement lawyer.
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When you have a prior criminal conviction on your record, expungement offers you an opportunity to erase the offense and put your conviction behind you. This is much different from record sealing, which will not erase your record but instead make it inaccessible without a court order.
However, not everyone is a little eligible for record expungement or sealing.
If you hope to get your record expunged in Summit County, there are specific requirements that need to be met. Some of the most common include:
There are many types of criminal convictions that are not eligible for expunction or sealing in Ohio. Generally, the following types of crimes are not eligible for expungement:
Under Ohio law, juvenile offenders are not convicted of misdemeanor or felony crimes. Instead, their offenses can be adjudicated as traffic offenses or delinquent offenders.
Essentially, a delinquent child is a minor who commits a violation of the law. A juvenile traffic offender is a minor who violates traffic laws or ordinances. Fortunately, juvenile traffic and delinquent crimes both have the potential to be sealed or expunged.
Under Ohio Revised Code § 2953.32, if you hope to get your record expunged, you will need to file an application for the sealing of a criminal record and pay the corresponding fee, which can be up to $100 in Akron Municipal Court. At that point, your application will be reviewed by the court system and the state’s prosecutor. They will review your case to determine whether you are eligible for expungement and if they want to object to your application.
If the prosecutor files an objection, then you will be given a hearing date within 45 to 90 days of filing to determine whether your conviction should be expunged. If your application is granted, you can expect your record to be expunged under Ohio court order.
Requests to have your record expunged can be denied under specific conditions. Generally, if the prosecutor files an objection and has good cause, the judge may agree and reject your application to have your record expunged.
You may also have your expunction request denied if you do not follow the proper process outlined above or if you fail to meet the eligibility requirements. Find out more about whether you could expect your record to be expunged when you contact an expungement attorney in Akron for help.
If you are unsure whether you should take the necessary steps to get your record sealed, consider the following advantages:
These are only a few of the benefits of getting your record expunged in Akron. When you have your entire future ahead of you, you should not need to worry about your criminal conviction haunting you by popping up on background checks.
Working with an expungement attorney in Akron is not required if you are going to seek expungement. However, having a criminal defense attorney advocate for your future could prove to make a significant difference in the outcome of your case.
It is not uncommon for the prosecutor to object to expungement applications. You need a strong criminal defender by your side who can help show the judge that your expungement application should be granted.
Here are the answers to some of the more frequently asked questions surrounding expungement applications in Akron. If you have additional questions surrounding record sealing or expungement that were not answered on this page, be sure to contact our office to discuss your specific concerns further.
After your record has been expunged, only in limited circumstances can your records become unsealed. If you are charged with another criminal offense in the future or other court officials need to access your criminal record, they may be able to do so under the law.
If you were previously convicted of two or more crimes that were connected or resulted from an act committed at the same time, it might be considered one conviction. In situations like these, you may need to find out whether there are different waiting periods in place based on the crimes in question.
If the judge denies your expungement request, you may be able to appeal their decision with help from your expungement attorney. However, if you do not meet the eligibility requirements, you may not have the opportunity to get your expunction application granted.
The expungement process can be intimidating. But that does not mean it should stop you from seeking the expunction you need to move forward with your life.
Contact a dedicated Akron expungement lawyer at Erb Legal to find out whether you are eligible. Schedule your confidential case evaluation today when you complete our secure contact form or call our office at 330-249-1778.