Expungement Eligibilty Requirements

Although there are a variety of complex variances depending on the circumstances of the case, the following are general requirements for expungement eligibility:

• the conviction does not fall into one of the ineligible crimes or categories of crimes
• the applicant was not subject to a mandatory prison term for the conviction (the applicant was eligible for probation even if they were actually sentenced to prison time)
• if sentenced to probation, the applicant complete all the terms of that probation
• the applicant is considered a first time offender
• there are no criminal or traffic proceedings pending against the applicant
• the applicant has not had any other cases expunged

These basic requirements are only a basic sketch of the constraints on expungement eligibility. There are a variety of complex exceptions and exclusions that may apply to each of these requirements. It is important to contact an experienced attorney who can evaluate your specific case and determine which exceptions and exemptions apply.

The length of time a person must wait to petition for expungement depends on the type of conviction or disposition of the case.  If a person was found not guilty or the case was dismissed, a person may immediately apply for expungement.  If a person was convicted of a misdemeanor, the applicant must wait at least one year after the final discharge of the case before petitioning for an expungement.  If an applicant was convicted of a felony, he or she must wait at least three years from the time probation or parole is completed or straight release from prison occurred before petitioning for expungement.  Additionally, all court costs, fines, and restitution must be paidand any community service ordered must be completed.

If you would like more information about Expungement Eligibility Requirements, contact an experienced Columbus Expungment Attorney at Funkhouser Law today!

This site is intended as general information and does not establish an attorney client relationship with the office of Douglas A. Funkhouser Co., L.P.A.

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