Ohio Expungements Legal Questions

This is an interesting area, as it involves your former criminal case (Facts don't state that it was actually expunged). Our firm regularily deals with licensing issues for professionals such as Nursing, Accounting, and Law. Should you wish to speak to someone about your manner and the course that we believe you should take, please contact our office and set up a consultation.    Best,   Nicholas Froning... Read Answer

Depending on the severity of the offenses, location of the Court, and mitigation that you have taken, getting an expungment should be around $1,000 but not gaurenteed. If you are eligible, not knowing that you are, it would only benefit you to get an expungment. Please find counsel to assist you in this matter.    Best,    Nicholas Froning  ... Read Answer

Dear Darlene: I am making the assumption that your felonious assault charge was dismissed. If dismissed, you can file to have your record sealed at any time after the dismissal. If you were somehow convicted of felonious assault, then you cannot expunge your conviction because it is a felony of violence and O.R.C. 2953.36 precludes sealing a felonious assault conviction. David C. Sheldon, Medina, OH... Read Answer

Dear Cynthia: As long as you did not commit serious physical harm against the police officer, then yes, you can get both the assault on peace officer and resisting arrest charge expunged. The law in Ohio was recently amended to allow a person to seal/expunge two misdemeanor violations or one felony and one misdemeanor violation (with a few exceptions).  I am basing my answer on today's expungement statute because it should apply even though your crimes occurred in 1982. That is, the expungement statute in effect at the time you file your application governs.  Even without the change in the law, as long as both charges arose out of the same incident, then they count as one conviction for purposes of expungement. Assault on a peace officer can be sealed and, since you didn't serve time in prison, then you must not have caused serious physical harm to the officer. That means you are eligible to have it sealed. Resisting arrest is a misdemeanor of the second degree as long as you didn't cause physical harm to the police officer or brandish a deadly weapon and recklessly cause harm to the officer. Provided that it is the former, you can also expuge the resisting arrest charge. A minor misdemeanor speeding violation does not count as a prior conviction.... Read Answer

Getting a charge dismissed should seal all pertinent records.  However, the courts cannot guarantee that every single agency and private company that conducts background checks will not still find some paper trail.  Regardless, it is always worth it to petition the courts to seal the records as it offers you more protection that you currently have.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

There is a new expungement law going into effect in the next month or so that allows you to get 1 felony and 1 misdemeanor expunged or 2 misdemeanors expunged so long as you qualify as an "eligible offender."  You may qualify to have your charges expunged but I would need more info to properly advise you.  If you want to discuss further, please contact me.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

The law governing expungements has just changed in Ohio.  It now allows you to have 2 misdemeanors expunged or 1 felony and 1 misdemeanor.  The new law should be in effect fairly soon.  However, I believe the new law still doesn't allow an expungement if you have a criminal charge currently pending against you.  In that regard, you will likely need to resolve the current case but make sure you resolve it in a way that will still allow you to get the disorderly and the current charge expunged.  If you want to discuss further, please contact me.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer