Common Reasons For Denials
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What Are Common Reasons For A Request To Seal A Record To Be Denied?
At the time of this writing, I have never had a record seal denial. That does not mean they never get denied, but so far I have had good success. The one case I can think of that was a close call was a case where a person had a record sealed several years in the past, and we were trying to seal another conviction for the same thing. The judge really took a hard look at that. It really depends on how the person is doing since then, whether they are leading a law-abiding life, staying out of trouble and proving themselves. If that is not the case, then the judge very well might see that and deny the application. Here is you will know what are common reasons for a request to seal a record to be denied?
Can The Judge See a Sealed Charge And Consider It A Second Offense?
Yes, the judge and the court will be able to see it, along with any of the agencies that get to see through that seal. If the person gets another charge, like a second assault charge or a second theft charge, then the court or the judge will be able to see that the person has done it before. The judge will most likely take that into account when issuing a sentence.
Are Judges Actually Allowed To Take That Into Account?
Is It Like A Slap In The Face When Someone Is Given A Second Chance And They Waste It?
Absolutely. The judge will almost certainly see it as having given the person another chance, and the person just throwing it away.
Do They Make It Harder To Have Something Sealed Again?
Yes, and in the case I mentioned earlier, the judge was very close to not granting it because the applicant had already done it once before.
What Can Someone Do If The Court Does Not Grant The Request To Seal A Record?
That would leave the same options as if the person was not eligible to have that record sealed. Either seeking a pardon or Certificate of Qualification for Employment, or withdrawing the initial plea. Pardons and plea withdrawals are rare, so in most cases the person is stuck with that conviction.
What Will Show If a Background Check Was Done on Someone Whose Record Was Sealed?
For most purposes, nothing. There would just not be a record. Some agencies will always be able to access a sealed record, but to any agencies that did not have that privilege, it will look like that conviction never existed.
Why Should Someone Hire An Experienced Attorney Versus Going It Alone?
This process can be done alone and some people do manage to do it that way, but an attorney will be able to do it faster with less chance of error. An attorney will also be able to navigate any unexpected obstacles that spring up. Someone who has no experience with this sort might run into some issues they do not know how to solve, that could affect their chances of getting that application granted.
Does The Certificate Of Actual Innocence Apply In Ohio?
There is no such thing in Ohio.
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