(216) 736-8551 [email protected]

It’s appropriate to talk about expungement or sealing of a criminal conviction as 2015 comes to a close and we prepare to welcome 2016. Expungement embraces the idea of second chances and personal growth. That’s what the new year is all about, right?

It’s important to know who is eligible for expungement, and what offenses are eligible.

Here’s a quick summary; however, if you want to speak with a lawyer to determine your eligibility, please call me at (216) 736-8551 or email me at [email protected]

  • You can have one eligible and one eligible misdemeanor sealed, or two misdemeanors (even if they are the same offense).
    • Note: Minor misdemeanors (disorderly conduct and possession of marijuana do not count toward this number;  they are considered separate.
      • Example: Under the statute, you could file to seal a felony drug conviction, a misdemeanor theft conviction, and a minor misdemeanor marijuana possession.
  • It must be an eligible offense:
    • First and second degree felonies are not eligible.
    • It also cannot be an offense of violence, and other offenses, like offenses involving children, are also excluded. You also cannot seal any traffic offenses, like OVI’s, reckless operation, or physical control.
  • For a felony, you have to wait three years from your final discharge–from your release from prison and/or post-release control, or from when you are finished with probation.
  • For a misdemeanor, you have to wait one year from final discharge.
  • All fines, costs, and restitution must be paid.
  • You cannot have any pending cases or warrants.

As indicated, this is only a brief summary of some of the highlights and common eligibility questions. If you are interested in expunging or sealing a criminal conviction, please contact me.