Facing a drug charge in Ohio can overwhelm you, especially when you consider how it will affect your future. A major concern for many is whether it is possible to expunge the charge, or remove it from their criminal record, to avoid long-lasting consequences.
In Ohio, expungement is possible, but you must meet specific requirements and conditions.
What is expungement?
Expungement refers to the legal process of sealing or erasing a criminal record. If the court grants expungement, it removes the charges from public access. Potential employers, landlords, and others who conduct background checks will no longer see the offense. Expungement doesn’t erase the record entirely, but it limits access to it, offering you a fresh start if you qualify.
How does eligibility for expungement work in Ohio?
In Ohio, not all drug charges are eligible for expungement. You must meet the following conditions:
- First-time offenders: If this is your first offense and the crime is minor (such as possessing a small amount of drugs), the court may approve your expungement.
- No pending charges: You cannot have any pending criminal cases when you apply for expungement.
- Time passed: You must wait a certain period after completing your sentence before applying. Typically, this is one year for misdemeanors and three years for felonies.
If you meet these requirements, you may be eligible for expungement.
The process of expungement
To begin the expungement process, you must file a petition in the court where your case was heard. This involves submitting the required forms, paying any fees, and attending a hearing. The court will review your case, considering factors such as the nature of the offense, your criminal history, and your efforts to rehabilitate. If the court approves, it will seal your record.
Can you expunge a felony drug charge?
Although expunging a felony drug charge is more challenging, it is still possible. Felony drug convictions often have stricter guidelines, and in some cases, only certain felonies qualify for expungement. For instance, Ohio law allows expungement for some lower-level felony drug charges, but serious offenses like drug trafficking may not qualify.
Expungement provides an opportunity to move forward after a drug charge, but the process is not automatic. Understanding the steps can help you work through the process.