Expungements
Expungement Lawyer in Cincinnati
At Shark Law, we understand that a criminal record can impose numerous personal and professional barriers. As experienced expungement attorneys in Cincinnati, we are dedicated to helping clients clear their records and open the door to new opportunities. With over two decades of experience, our team is led by Shane 'The Shark' Herzner, who is renowned for his aggressive defense strategies and client-focused service.
Don't let a past mistake define your future. Contact a Cincinnati expungement attorney for a free consultation. Call (513) 924-4378 or reach out online.
Understanding Expungement Laws in Ohio
In Ohio, the legal process of "expungement" is officially known as "record sealing," and it is governed by Ohio Revised Code (O.R.C.) § 2953.31 through § 2953.34. This process allows a person to have all official records of a prior criminal conviction or a dismissed charge sealed from public view. Once a record is sealed, the law treats the proceedings as if they never occurred, allowing you to legally answer "no" when asked on a job application or other forms if you have a criminal conviction.
While the terms are often used interchangeably, sealing a record does not destroy it; it simply makes it inaccessible to the general public. A conviction that is sealed may still be accessible to certain government agencies and law enforcement. A knowledgeable expungement lawyer in Cincinnati will meticulously analyze your specific case and your criminal history to determine your eligibility and the best path forward.
Key Elements of a Successful Application
The court will consider several factors when evaluating a petition, including:
- Eligibility of the Offense: Not all offenses are eligible for sealing. Some crimes, such as felony offenses of violence, first and second-degree felonies, and certain sexually oriented offenses, are expressly prohibited from being sealed.
- Waiting Period: There are statutory waiting periods that must pass before you are eligible to file for a record sealing. The length of the waiting period depends on the level of the offense. For example:
- Minor Misdemeanors: Six months after final discharge.
- Most Misdemeanors: One year after final discharge.
- Fourth or Fifth-Degree Felonies: One year after final discharge.
- Third-Degree Felonies: Three years after final discharge.
- No Pending Charges: You must not have any pending criminal charges against you.
- Rehabilitation: The court must be satisfied that your conduct since the conviction and the public's legitimate need to know about the record are outweighed by your interest in having the record sealed. This is often the most important factor and is where a strategic Cincinnati expungement attorney can make a compelling argument.
The Ohio Criminal Defense Process for Expungement
Navigating the expungement process in Ohio can be confusing and overwhelming. This civil proceeding requires a defense team with a deep understanding of local rules and procedures. We provide a clear, step-by-step guide and will be your unwavering advocate from your initial contact to the final resolution of your case.
- Eligibility Assessment: We begin with a comprehensive review of your criminal record to ensure you meet statutory requirements, including the waiting period and offense types.
- Filing the Application: Once eligibility is confirmed, we file a formal application with the correct court and all necessary documentation, ensuring no mistakes are made.
- Prosecutor and Victim Review: The court serves the application to the prosecutor and any victims, who may object and trigger a hearing.
- Hearing: A hearing is scheduled before a judge, where we will present a compelling argument for your record to be sealed, demonstrating your rehabilitation and weighing your interests against public need.
- Court Order and Notification: If the judge grants the application, we ensure all relevant agencies, including the Ohio Bureau of Criminal Identification and Investigation (BCI&I), are notified of the court order to seal the record.
Frequently Asked Questions
What Crimes Can Be Expunged in Cincinnati?
Ohio allows expungements for a variety of offenses, primarily non-violent ones. Generally, first-time offenses, misdemeanors, and some felonies are eligible. However, crimes such as murder, rape, or other violent offenses typically cannot be expunged. It’s crucial to consult with a knowledgeable expungement lawyer in Cincinnati to evaluate your specific situation and determine eligibility.
How Does the Ohio Expungement Process Work?
The expungement process in Ohio begins with filing a petition in the court where the conviction occurred. A judge will review the petition, which includes a waiting period post-conviction or sentence completion. During a hearing, both the petitioner and the prosecutor may present arguments. If successful, the court will order the sealing of the record. Experienced legal representation from an expungement attorney in Cincinnati is key to navigating this process effectively.
How Long Does the Expungement Process Take in Cincinnati?
While the expungement process duration can vary, it generally takes several weeks to a few months. The timeline is influenced by factors such as court schedules and specific case details. Engaging a skilled expungement lawyer in Cincinnati can help streamline the process and address any unexpected issues promptly, minimizing delays wherever possible.
Can an Expunged Record Be Accessed by Employers?
Once a record is expunged, it is sealed from public view, including potential employers. However, certain entities, like law enforcement or courts, may access sealed records under specific circumstances. Ohio law mandates that individuals may lawfully deny an expunged record’s existence when asked by most private employers, offering significant relief in employment opportunities.
Can I Handle My Expungement Without a Lawyer?
While not legally required, hiring an expungement attorney in Cincinnati significantly improves the likelihood of success. The process involves complex legal nuances, and navigating them without expertise can lead to errors or denied applications. Legal counsel provides the advantage of experience, improving the chances of an expungement’s success by effectively presenting your case and handling setbacks or complexities.
Your Path to a Clean Slate Starts Here
At Shark Law, we are committed to helping you take decisive steps toward a brighter future by pursuing the expungement of your criminal record. Our team is ready to guide you through each phase of the process, ensuring you receive the dedicated support and strategic defense needed to reclaim your life’s opportunities.
Call us at (513) 924-4378 or contact us online for a free consultation, and let us help you understand your options and begin the journey to a clean slate.
Why Local Expertise Matters in Expungements
As a local Cincinnati law firm, our familiarity with the city’s legal landscape enhances our ability to effectively represent your interests. Understanding local court procedures and having established relationships within the community can make a significant difference in expungement outcomes.
Local expertise also allows us to offer insights into community-specific challenges and resources. We stay informed on local legal updates and collaborate with reputable legal networks to advocate for optimal client outcomes. This connectivity and knowledge empower us to litigate aggressively but with tact, ensuring that each client receives the benefit of our collective experience and focus on their future success.
The Benefits of Choosing Us for Your Expungement
- Unique Prosecutorial Insight: Shane Herzner’s background as a former Assistant Prosecutor aids us in navigating the expungement process with an understanding of how to present cases favorably.
- Client-Focused Communication: We prioritize clear communication, ensuring our clients understand the process at each stage.
- Tailored Legal Strategies: Every client's situation is unique, and we craft personalized legal strategies to meet individual needs.
Sound legal defense is vital to obtaining the most favorable outcome possible for your case. Your attorney will contribute credibility to your account of the events, and use this to your advantage in the overall case proceedings. Call now: (513) 924-4378.
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“Shane's ability to navigate the legal process and persuasive arguments in court were instrumental in securing a favorable result. I am forever grateful for his representation!”
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