Carroll County Expungement – DUIs and other Criminal Records

erase criminal records in Caroll

Carroll County Expungement

Expunge laws may differ from one county to another, however, in most instances individuals must review state laws, as the stipulations for eligibility as well as the correct authority and officials are entrenched in these laws rather than the ones developed in individual counties. Another aspect of clearing public records that might be confusing to many is the difference between expungement and sealing.

Expungement is legally obliterating all public records and references to a criminal conviction. In Ohio, once a record is expunged it is also sealed. Sealing is the physical removal of the documents from the general court records and as such, they are no longer available to the public.

 

In Carroll County however, these terms are often times used interchangeably. These documents should not resurface even when a background check is conducted on the previously convicted individual. Note that not all states allow this process and not all cases are eligible. Ohio law prohibits the sealing of arrest and conviction records pertaining to driving under the influence (DUI). Up until September 2012 and the passing of Senate Bill 337, individuals were also prohibited from having other criminal records expunged if they were previously convicted of crimes such as OVI, OMVI or DWI.

 

Information regarding Carroll expunge can be easily accessed via the Internet. Nonetheless, individuals must check and recheck information as there are several provinces bearing the name Carroll County in America. As such, information found might not refer to the specific county from which the individual wants to make the application. It is then recommended that individuals who are having challenges or need clarification visit the offices of their local clerk of courts.

 

The application process for Carroll county expungment is quite similar to that of other cities. However for convicts, Ohio state laws permit individuals who were first time offenders with only one conviction for felonies or misdemeanors to apply. These Individuals must also have no pending charges against them. On the other hand, applying to clear county records is not permitted for individuals who were convicted of crimes such as rape, murder, armed robberies or motor vehicle homicides.

 

In order to successfully seal a conviction the individual who wishes to apply must

 

  • Have been found not guilty
  • Case must have resulted in a dismissed complaint or indictment
  •  Resulted in a grand jury’s no bill return
  • Be able to successfully convince a judge that the conviction records should be sealed

 

Individuals must also allow a specific period of time to elapse before filing an application and the amount of time is dependent on the type of conviction. This waiting period does not begin until after the termination of the case. For felony convictions, an individual must wait three years before applying, while for misdemeanors a period of one year must have elapsed. On the other hand, there is no waiting period for dismissed charges and acquittals.

 

A total of two forms must be completed, the application for sealing of criminal records pursuant and judgment entry for sealing. Note that the application must be filed in the court that issued the conviction and should be submitted to the clerk of court. It is also advised that applicants acquire a copy of the charges brought against them that they wish to have sealed as information from this document will assist in the completion of the two previously mentioned forms.

 

While completing the application form to seal records in Carroll,  individuals will be required to produce information such as the case number on the order of charges, social security, address and date of birth. Additional information such as reason for application will also be required. Upon completion, a copy of this form should be mailed to the prosecuting attorney.

 

The completion process for the second form is the same, however, if there is any confusion, applicants should simply leave spaces empty as they are permitted to obtain clarification from the presiding judge when their case is called to court. Three copies of each form should be made and submitted to the clerk of court as mentioned earlier. Upon submission of the documents, individuals should ensure that they receive a time stamped copy to keep in their own personal records. It is also advised that individuals be present at all court hearings and follow all court orders.

 

Carroll expunge cases can become quite complicated, hence, individuals should carefully peruse Ohio laws to understand the requirements. Note too that the passing of the senate bill in September 2012 has brought about several new changes to these statutes as such individuals who might have familiarized themselves with laws prior to that bill should consider a subsequent review. Representing one’s self is completely possible when attempting to seal records. Carroll county falls under Ohio law and these require a thorough understanding. Research also the correct waiting period before applying to have records cleared. Note also that individuals must conduct this research based on their specific convictions.

About Angela

Hello, Cyber world! I currently work as the Web Content Editor for the Expunge Center page and through my whole life writing and blogging has been in my Top priorities.

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