Can a felony 3 attempted burglary be expunged in Ohio? 2 Answers as of January 19, 2011

This was my first and only offense. I have no other cases pending, not even a traffic ticket in the past five years. I think enough time has passed to try for the expungement. I served no jail time.

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Rice & Co., LPA
Rice & Co., LPA | Kollin Rice
If you qualify as a first offender, a third degree felony conviction for attempted burglary may be expunged three years after you have completed all sanctions under your sentence, including any period of probation.

Convictions for certain traffic offenses can constitute prior offenses, including OVI, driving under suspension, and failure to stop after an accident. (This is not an exhaustive list, but these are the most common offenses.)

If you qualify, you, or an attorney on your behalf, can file a motion to have your record sealed. Some courts require completion of lengthy applications or interviews. Ultimately the matter will be set for hearing with the judge who originally presided over your case. The court will then weigh any interests of the state in maintaining the record of the conviction against your own in having it sealed, and has some discretion as to whether to grant the motion. Practically speaking, most of the time courts will grant the motions of persons who qualify.
Answer Applies to: Ohio
Replied: 1/19/2011
Ron Graham Attorney at Law
Ron Graham Attorney at Law | Ron Graham
Yes, three years after your conviction or probation ended which ever is later.
Answer Applies to: Ohio
Replied: 1/18/2011
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