QUESTION

Can I get a felony 3 attempted burglary expunged in Ohio?

Asked on Jan 19th, 2011 on Criminal Law - Ohio
More details to this question:
August 2011 will have been 3 years removed from my probation. I understand I have to wait the three years. Do I have to see the same judge? And what if the judge that convicted me has retired and is only a visiting judge? Is this considered a violent offence?
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1 ANSWER

Employment & Labor Attorney serving Oregon, OH at Rice & Co.
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If you are otherwise eligible as a first offender, you may apply to have your conviction sealed three years or more after having completed all sanctions imposed, including community control. This will go back before the judge who sentenced you, or, if he is no longer in that position, to the judge who took his seat when he left. if the judge was a visiting judge, it is likely that your case was assigned to a regular judge, and the visiting judge handled your case by assignment. Your case would most likely revert to the judge to which it was originally assigned, or, if you had the visiting judge based on a conflict of interest, a different visiting judge might be brought in. If you qualify, it would be unusual for a judge to deny your motion to seal the record. Most denials are based on the applicant's failure to qualify based on prior or subsequent offenses, or because the offense itself is ineligible for sealing. If you can access it, I believe I recently wrote a response to a very similar issue with more technical details.
Answered on Jan 21st, 2011 at 10:58 AM

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