Legal Question in Criminal Law in Ohio

Re: Ex sponge felony conviction

Yes. To expunge a felony conviction you must meet certain statutory criteria (first offender, not a violent felony, more than three years after the sentence expired, etc.). Assuming that you meet those criteria, the Court who sentenced you will balance your need to have the record sealed against the public's need to know of the conviction. If you prove that your need to have the record sealed outweighs the public's need to know about the conviction, the expungment will be granted.

It is not necessary that you have appealed the conviction. The law does not require that you hire a lawyer to seek an expungment, however many clients find it beneficial to have a lawyer prepare the application and present the evidence in court.

Re: Ex sponge felony conviction

Yes, you may have a felony removed from your record and sealed under certain conditions. First, it must qualify to be sealed, second, you must not have any other convictions (including a DUI) in any State and lastly, you must petition the the court where the conviction occurred. This process can take up to one year for the court and/or prosecutor to reserach your background to make sure you qualify to have the record sealed. If the prosecutor wishes, they may object to the expungement which means that you will have the burden of establishing why you should have the record expunged.

Please call my office if you have additional questions.