An Overview Of Expungement

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An Overview Of Expungement

An expungement is a process whereby a person’s criminal records are cleared and sealed. Ohio criminal defense attorney Matthew Bangerter focuses on representing clients facing state and federal criminal charges. As an experienced Ohio criminal defense attorney, he is well-versed in criminal court procedures, including expungements.

If you have been charged with a crime – whether or not you were convicted or the case was dismissed contact the Cleveland criminal defense attorney Matthew Bangerter at (440) 409-7898 to discuss a possible expungement of your criminal records.

What Is Ohio Expungement Attorney?

An expungement is a court proceeding whereby any and all references to a prior criminal conviction are cleared and the court file is sealed so that the end result is as if there were never a conviction of the crime. Some states have separate legal proceedings for the expungement of records and the sealing of records, but Ohio expungement attorney laws state that removal of the conviction from your record and sealing of the record are completed in the same court proceeding.

What Convictions Can Be Expunged?

In Ohio, an expungement proceeding can remove the following from your record:

  • Charges filed against you
  • Charges filed against you, but later dismissed
  • Charges that resulted in a verdict of not guilty
  • Charges that resulted in an acquittal
  • Charges that resulted in a criminal conviction
  • No bills by grand jury
  • Bail forfeitures

Ohio expungement attorney Matthew Bangerter focuses on a wide variety of criminal defense matters, including all types of expungement proceedings. If you have been charged or convicted of a crime, contact knowledgeable Cleveland criminal defense attorney Matthew Bangerter to discuss your legal defense strategy and/or expungement.

What Happens Following an Expungement Proceeding?

If the court grants an order expunging and sealing your criminal records, the charges and/or conviction will essentially be removed from your record. An expungement order prohibits government officials from discussing, disclosing, or reporting your arrest, indictment, trial, conviction, or sentence.

What Is the Process for Obtaining an Expungement Order?

In order to have your criminal case expunged and sealed, you must file an Application for Expungement and Sealing of Record. After the application is filed, the court will order an expungement hearing pursuant to Ohio Expungement Statute, O.R.C. 2953.32 and O.R.C. 2953.52. At the hearing, the court will consider a variety of factors to determine whether to grant the expungement order and the prosecution may provide arguments against the granting of an expungement.

What About My Gun Rights??

Getting your case expunged does not restore your right to own a firearm.  In order to restore your right to have a gun you must file an “application for relief from disability” in accordance with section 2923.14 of the Ohio Revised Code.  Cleveland expungement attorney Matthew Bangerter can help you through the process of restoring your right to protect yourself.

Cleveland criminal defense attorney

Matthew Bangerter has experience handling a wide variety of criminal defense issues, including expungement proceedings. He will take the time to listen to your concerns and guide you through the entire process for obtaining an expungement. Not only can he file the appropriate paperwork with the court, but he will advocate on your behalf at your expungement hearing. If an expungement is granted, he will ensure that your criminal case is effectively removed from all public records.

If you have been charged with a crime – whether you were convicted or the case was dismissed contact the Cleveland criminal defense attorney Matthew Bangerter at (440) 409-7898 to discuss a possible expungement of your criminal records.

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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio?

Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, “I only had a couple” or “I didn’t drink that many”, but what happens then is that statement “I only had a couple” comes into trial is they admitted to drinking.

It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.

Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.

One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.

How Can An Attorney Help In Defending A DUI/OVI Case In Ohio?

The most common one is successive OVIs. Every OVI a person gets is added onto the last one. There is enhanced penalties for multiple OVIs within six years, also multiple OVIs within twenty years and at some point there are enhanced penalties for getting several OVIs in your lifetime.

They get more and more serious under the law, and even with an individual judge if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

Yes they can. There are a couple of basic ovis, one is for having a blood alcohol level below 0.08 or 0.17 and that is determined by a chemical test. If an officer believes that the person is impaired even without that reading, he can charge them with an ovi even if they blew a 0.06 or 0.05 just because he says they are impaired, even though that is a lower limit.

As mentioned earlier, alcohol affects everybody differently, some people may have a low level and feel it more, and some people may have a high level and think that they’re fine. So yes, there are spots where they will get an ovi with less than 0.08.

Do I have a case?

The most common method for testing BAC is a breathalyzer machine, many of which pose significant reliability problems. As an Ohio DUI defense attorney, Matthew Bangerter handles all matters related to the defense of your drunk driving charge, including challenging the reliability of breathalyzer equipment used, appearing in criminal court as your advocate, and negotiating with the prosecution to obtain a reduced sentence. As a skilled Ohio DUI attorney, Matthew Bangerter understands the Ohio drunk driving laws and he will strive to obtain a dismissal or reduction of charges against you, as well as the minimum available penalty. He understands that maintaining your driving privileges is of the utmost importance so he will seek to minimize or avoid any suspension or revocation of your driver’s license.

Ohio DUI Penalties

Ohio has some of the strictest penalties for DUI/OVI in the country. Penalties for DUI/OVI can be severe, even for a first offense. If convicted, you could face license suspension, hefty fines, vehicle disablement, required OVI offender license plates, ignition interlock, and mandatory jail time. If you test over the legal limit or fail to submit to a breath alcohol test you face a mandatory minimum Administrative License Suspension (ALS) unless you correctly appeal the suspension.

Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. Court-imposed driving limitations may also impact your ability to get to and from work as well.

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