Friday, November 30, 2012

Could the new expungement law help me?

This is what a Champaign County appellant is likely asking herself today. She filed an application to have her criminal record sealed. And she filed her application before the new expungement law – S.B. 337 – took effect (also referred to as the sealing of record of conviction or bail forfeiture section). So the Second District Court of Appeals decided her case under the old law. It used to be you had to be a "first offender" to have your record sealed. Not anymore. Under the new law – which took effect on September 28, 2012 – you have to be an "eligible offender" as that is defined in R.C. 2953.31(A). While the Appellant may be eligible to have her record sealed under the new law, she was not a "first offender" and so her application was denied under the old law. That decision was affirmed on appeal in State v. Porter, 2012-Ohio-5541.

Contact me if you need a Dayton Criminal Lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form. Visit www.ohiocriminaltriallawyer.com if you need an experienced Dayton Criminal Defense Lawyer to represent you in the trial court.



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