Securing Your Second Chance: What to Know About Expunging Criminal Records in Ohio and Kentucky
In today’s world, where opportunities often hinge on a clean criminal record, expungements have become crucial for many individuals seeking to move forward in their lives. Whether you reside in Kentucky or Ohio, navigating the process of expungement can be complex but rewarding. At The Law Firm of Anna Korneeva, we believe in empowering our clients through knowledge and effective legal representation, especially in matters as pivotal as clearing a criminal record.
What is Expungement?
Expungement refers to the legal process of erasing or sealing criminal records from public view. It allows those who have been convicted of crimes to clear their records, providing them with a fresh start without the stigma and negative consequences of past offenses. The primary goal is to provide former offenders with second chances by removing barriers to employment, housing, immigration, and other opportunities that can be hindered by a criminal record.
Expunging in Ohio
In Ohio, statutory law allows eligible individuals to seal their criminal records. To be eligible, the following criteria must be met:
- Eligible Offenses: Your crime(s) of conviction must not be specifically excluded under the law. (Ohio Expungement & Sealing Law)
- Non-Mandatory Incarceration: Your crime(s) of conviction must not have carried a mandatory term of incarceration, meaning you must have been at least eligible for probation or community control even if you did not receive it.
- Offense Classification: Your crime(s) of conviction are misdemeanors, fifth-degree felonies, fourth-degree felonies, or a combination thereof.
- Waiting Period: The required statutory waiting period must have elapsed for your crime(s) of conviction.
- No Pending Charges: You must not have any criminal charges currently pending against you.
Additionally, if your charges were dismissed or you were found not guilty, you are eligible to have the records of those charges expunged and sealed.
“Ohio law allows individuals who meet specific criteria to apply for expungement and seal their records, thereby providing them with an opportunity for a fresh start.” (Franklin County Municipal Court)
The Ohio procedure involves filing applicable motions, paying fees, and attending an hearing wherein you must convince the court that you have been rehabilitated and are deserving of an expungement. If the court is not persuaded, they may deny your expungement. For this reason, having the representation of an experienced attorney can be crucial to securing your fresh start.
Expunging in Kentucky
In Kentucky, statutory law requires an individual to meet the following criteria in order to expunge their criminal conviction(s):
- Eligible Offenses: Your crime(s) of conviction must not be specifically excluded under the law. (Kentucky Court of Justice)
- Offense Classification: Your crime(s) of conviction must be any number of misdemeanors, one Class-D felony, or multiple Class-D felonies if arising out of the same incident.
- Clean Record Period: You must not have convicted any misdemeanors or felonies in the preceding five years.
- Waiting Period: The required statutory waiting period must have elapsed for your crime(s) of conviction.
- No Pending Charges: You must not have any criminal charges currently pending against you.
Additionally, if you were found not guilty, your charges were dismissed, or the grand jury chose not to indict you, you are eligible for an expungement.
“In Kentucky, individuals with eligible criminal records can apply for expungement, ensuring that past mistakes do not define their future.” (Kentucky Department of Public Advocacy)
The Kentucky procedure involves obtaining an Expungement Certification, completing and filing an packet and request form, and paying applicable fees depending on the type of charge you are seeking to expunge. It may also require attending a hearing if the judge deems it necessary. The process can be complicated and lengthy, so hiring an experienced attorney is always recommended to ensure it goes smoothly and as quickly as possible.
Want More Information?
If you think you may be eligible to have your criminal record expunged or have questions about the process, contact The Law Firm of Anna Korneeva today at (513) 334-3008.
For additional details on expungement in Ohio and Kentucky, check out these resources:
- Ohio Legal Help: Sealing Criminal Records
- Franklin County Municipal Court Expungement Information
- Kentucky Court of Justice Page
- Kentucky Department of Public Advocacy
