Tuesday, April 7, 2009

Getting that Youthful Indiscretion Off Your Record

What is an expungement?

An expungement is an official sealing by the court of a minor felony or most misdemeanors. An expungement is a little bit of a misnomer, as the courts do not actually destroy your criminal record. Your record is only sealed, but this keeps your youthful indiscretion out of the public eye.

Who has access to my criminal record if I don’t have it expunged?

Anyone with a phone or internet access can check your criminal record fairly easily. Employers will often hire firms to run comprehensive background checks on employees. If your offense occurred in Hamilton County, check www.courtclerk.org to see if your charge is part of the public record. For other counties in Ohio, check the Franklin County website for links to various Clerks of Court.

Who has access to my criminal record if I have it expunged?

If your request for expungement is successful, no one outside the courthouse will be able to access your criminal record. Any company you interview with will have no idea about the time you forked your ex-girlfriend’s sorority lawn.

What kind of charges cannot be expunged?

First or second-degree felonies, crimes with a mandatory prison term, sex crimes, violent crimes, crimes involving children, and violations of certain municipal ordinances are all examples of charges that are not eligible for expungement.

How can I get a charge expunged?

You must file a motion with the court and the probation office seeking for your charge to be expunged. The assignment commissioner will set a court date for you to present your case to the original judge (or the judge now sitting in that courtroom). For this reason, most people hire an attorney when seeking to have a charge expunged.

No comments: