Can I get a felony 3 attempted burglary expunged in Ohio? 2 Answers as of January 21, 2011

August 2011 will have been 3 years removed from my probation. I understand I have to wait the three years. Do I have to see the same judge? And what if the judge that convicted me has retired and is only a visiting judge? Is this considered a violent offence?

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Rice & Co., LPA
Rice & Co., LPA | Kollin Rice
If you are otherwise eligible as a first offender, you may apply to have your conviction sealed three years or more after having completed all sanctions imposed, including community control. This will go back before the judge who sentenced you, or, if he is no longer in that position, to the judge who took his seat when he left. if the judge was a visiting judge, it is likely that your case was assigned to a regular judge, and the visiting judge handled your case by assignment. Your case would most likely revert to the judge to which it was originally assigned, or, if you had the visiting judge based on a conflict of interest, a different visiting judge might be brought in.

If you qualify, it would be unusual for a judge to deny your motion to seal the record. Most denials are based on the applicant's failure to qualify based on prior or subsequent offenses, or because the offense itself is ineligible for sealing.

If you can access it, I believe I recently wrote a response to a very similar issue with more technical details.
Answer Applies to: Ohio
Replied: 1/21/2011
Ron Graham Attorney at Law
Ron Graham Attorney at Law | Ron Graham
The Judge's courtroom where the plea was taken.
Answer Applies to: Ohio
Replied: 1/20/2011
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