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What are the requirements to get something expunged off your record?

Dayton, OH |

I have a misdemeanor of theft on my record prior to that I had no record is there a way to get it expunged off?

Attorney Answers 3


Yes, you should be able to get a first offense misdemeanor theft expunged. However, keep in mind that the term "expunged" is inaccurate. Your record will be sealed, but certain agencies will still be able to access it. In addition, often third-party background check companies will obtain this information and store it in their own private databases, so it can be very difficult to put the cat back in the bag. However, once it is sealed you will be able to legally and accurately say (in most cases) that you have no prior record.

Matt bangerter
38109 Euclid Avenue
Willoughby, OH 44094
(440) 946-LAWS (5297)

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In Ohio, the only real requirements to seal/expunge a conviction are: 1) legal eligibility and 2) timing. If this is your first and only conviction, then you should easily meet the definition of a "first offender" necessary to even file the Application to Seal Record.

The second criterion is timing. You must wait for one full year after your Probation has terminated before you can even file your Application with the Court. If your case just ended in January 2011, you would still have to wait until January 2012 for your Probation to end, and then STILL wait one year from then until you could legally file the Application.

You would be best served by retaining an experienced attorney to investigate the facts, prepare the pleading, pay the Court's filing fee, conduct the Hearing, and ensure that the final Court Order sealing your record is sent to ALL the appropriate State and Federal agencies.

Overall, this should be a fairly quick and easy process. I hope this answers your questions. Good luck in all your endeavors.

Atty. Dennis A. DiMartino
1032 Boardman-Canfield Rd., Suite 103
Youngstown, OH 44512-4238
330.629.9030 Ext. 111 Phone
330.629.9036 FAX

The above information is shared for educational and discussion purposes only. No Attorney-Client relationship is intended or established through your reliance on the information provided. If your legal rights could be impacted by using this information, you are urged to seek legal counsel before taking action. Atty. Dennis A. DiMartino 1032 Boardman-Canfield Road Suite 103 Youngstown, OH 44512-4238 330.629.9030 Ext. 111 Phone 330.629.9036 FAX

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Yes, provided however that one year has passed since your conviction or the termination from probation whichever is later. The process is not complicated. There is a filing fee due the Clerk of Courts, an application for expungement is filed, a report on your eligibility is prepared for the Court and there is unusally just one hearing. Hope this is helpful.

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