Attorney Matthew C. Bangerter North Eastern Ohio

Are Certain Convictions Easier To Have Sealed Than Others?


If you’re wondering how are certain convictions easier to have sealed than others? , it does vary on your case, but it is more a matter of meeting the eligibility criteria. A more serious crime might certainly make a judge take a harder look at granting that application. A judge may not want to seal a case with bad underlying facts that shook a community, for example. Most of the time, though, it is more about how the person has been doing since then, what they have accomplished, how they have improved and whether they are now living a law abiding life.

Can The Same Type Of Conviction Or Arrest Be Sealed Twice?

Yes, a person can get the same type of conviction sealed again, as long as they are otherwise eligible, the waiting period is over, and they do not have too many convictions in total.

Can Someone Help Their Situation If They Were Not Eligible To Have A Record Sealed?

They could. If they are looking for a job that has some sort of bar because of that conviction, then we can try to get a Certificate of Qualification for Employment. There is also the option of applying for a pardon, but success tends to be pretty rare. In some cases, if the case is very old, we might actually be able to ask the court to reopen the case and perhaps modify the charge to something that we can get sealed. I have gone this route in very rare instances, and success requires a judge and a prosecutor who both agree to it.

Does The Prosecutor Have Any Say In Whether A Record Is Going To Be Sealed Or Not?

The prosecutor does have an opportunity to object to the request. In most cases they do not, but if there is case in which they had some interest, then they do have the ability to tell the judge they oppose the application. The decision ultimately ends up with the judge, but the prosecutor can let the court know whether or not they agree.

Will A Victim Of Those Criminal Charges Be Able To Affect The Court Decision?

They might. In some courts, when the Probation Department is doing the background check they will contact the victim to see if they have an opinion. In most cases, it does not really come into play, but it is a possibility.

Can Someone Apply To Have A Record Sealed If They Are On Probation For Another Case?

No, that counts as an open case and there is still court involvement, so the person needs to wait until that case and the waiting period are over either one or three years after probation ends.

Can Someone Ever Have Their Driving Record Or A Traffic Violation Sealed?

Convictions, no, they stay on the person’s record for life. That goes for anything from a speeding ticket to an OVI or a DUI. However, if any of those were dismissed without an actual conviction, then the person can have that dismissed traffic ticket or DUI/OVI sealed.

Can An Out-Of-State Charge Or Conviction Be Sealed Where I Live Now?

No. That is governed by the law of the state where the conviction happened. There is nothing that an Ohio court can do about it.

Are You Allowed To Assist With Federal Or Military Charges?

Yes and no. Federal charges cannot be sealed federally but the person can get it sealed from state databases. There are some databases that Ohio keeps and there are some databases that the federal government uses. If those federal charges were sealed in Ohio, then anyone searching those Ohio databases will not see that record outside of those people allowed access by law. On the other hand, anyone who is searching or has access to the federal level databases will still be able to see the federal conviction.

For more information on how to seal a record, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (440) 409-7898 today.

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