This page was designed to help our clients better understand our Ohio Juvenile Expungement service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
Pursuant to Ohio Revised Code section, in regards to juvenile cases, expungement means to destroy, delete, or erase a record and sealing a records means to remove the record from the file and secure it in a separate unviewable file.
You are eligible to expunge your juvenile case five years after the court issues the sealing order or on the 23 birthday of the person that had the case sealed, whichever is earlier. However, if you were adjudicated delinquent for a violation of Ohio Revised Code section 2907.24 (soliciting – after positive HIV test), 2907.241 (loitering to engage in solicitation – solicitation after positive HIV test), or 2907.25 (prostitution after HIV test) and the violation was a result of you being a victim of human trafficking then you can expunge the case without sealing the case first.
No. The information is deleted and not available to the public. Ohio Revised Code section 2151.358(F) states that you can reply that no record exists when asked.
If you want to join the US military, then your record becomes a matter of federal law, not Ohio state law. All branches of the military will want to know about your juvenile offenses, even if they have been sealed and expunged. There is still a risk of being discharged from the military if you don’t tell them and they later find out.
You have an attorney to (1) make sure the process is done right the first time so your case does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the juvenile adjudication off of your record.
No, we go for you. If the court requests your presence and you are unable to attend, then we will request for your presence to be excused.
Typically, the case takes about five to six months.
The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner your case is heard and decided. If helpful, we will gladly write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having your record sealed.
We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.
We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.
We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee and we apply that to the cost of any service that you hire us to perform.
No, your disposition does not matter. They are both deemed to be convictions or adjudication of delinquency.
The case is not eligible to be expunged if there is a pending civil case regarding the criminal case. However, after the civil case is resolved and not subject to appeal the records shall be expunged.
The case is left up to the judge’s discretion. The court may cause an investigation to be made to determine if the person who is the subject of the proceeding has been rehabilitated to a satisfactory degree.
The judge will take into account (1) the age of the person, (2) the nature of the case, (3) the cessation or continuation of delinquent, unruly, or criminal behavior, (4) the education and employment history of the person, (5) any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration.
Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in the application, or (3) the court does not believe you are rehabilitated.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile, then we evaluate whether there is a basis for appeal.
You will receive a court order sealing your juvenile adjudication. Criminal agencies and court databases will be updated to reflect that your juvenile adjudication was expunged.
The court will send the granted order to all the public offices or agencies that have records. The agencies will then update their records and the criminal record databases will be updated to reflect that your juvenile adjudication was expunged.
The court updates the court records within 48 hours and the agencies typically take about 30 days.
If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance into Canada and further action will be required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States, so the Canadian government will have whatever information the United States has on file. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of setting aside will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.
The Border Patrol has discretion in granting or denying Sentri passes. So, the only thing we can say for sure is that it would help; investing in record clearing before applying for a pass would be advantageous. A modest investment in getting a set aside could be the difference between having your request accepted or denied. The set aside will show that you have resolved all matters with the court.
Voting rights are restored after release from incarceration.
Criminal violations may have severe consequences for immigrants, even if the crime is expunged/vacated/sealed. Even minor offenses such as petty theft can make someone deportable or inadmissible, while more serious offenses such as burglary may not have the same consequences. Since each case is unique, getting a case-by-case analysis tailored to your specific facts is imperative. To find out if your criminal conviction will impact your immigration case, contacting a qualified immigration attorney is vital. Our in-house immigration attorney is available to answer questions at 714-617-8395.
You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.
No. You should file under OH Revised Code section 2923.14 instead of sealing. However, There is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law.
In Ohio, you may serve on a jury if you: 1) are at least eighteen years of age, and 2) have not lost your right to serve on a jury by having been convicted of a certain type of crime, unless you have had your rights restored. Civil rights are restored to those with convictions upon final release from parole or post-release control. § 2967.16(C) http://codes.ohio.gov/orc/1901.25 https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-22.aspx http://codes.ohio.gov/orc/2967.16
Call us at 614-448-2373 or Toll Free (877) 573-7273
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Law Firm of Higbee & Associates
100 E. Campus View Blvd., Suite #250
Columbus, OH 43235
*By Appointment Only
We handle cases in Adams, Allen, Ashland, Ashtabula, Athens, Auglaize, Belmont, Brown, Butler, Carroll, Champaign, Clark, Clermont, Clinton, Columbiana, Coshocton, Crawford, Cuyahoga, Darke, Defiance, Delaware, Erie, Fairfield, Fayette, Franklin, Fulton, Gallia, Geauga, Greene, Guernsey, Hamilton, Hancock, Hardin, Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, Jefferson, Knox, Lake, Lawrence, Licking, Logan, Lorain, Lucas, Madison, Mahoning, Marion, Medina, Meigs, Mercer, Miami, Monroe, Montgomery, Morgan, Morrow, Muskingum, Noble, Ottawa, Paulding, Perry, Pickaway, Pike, Portage, Preble, Putnam, Richland, Ross, Sandusky, Scioto, Seneca, Shelby, Stark, Summit, Trumbull, Tuscarawas, Union, Van Wert, Vinton, Warren, Washington, Wayne, Williams, Wood and Wyandot counties.