Category Archives: Criminal Law

Ohio Record Expungement Matthew Mishak Attorney Elyria Lorain County

5 Ways an Ohio Record Expungement Can Help You

 

In life we all make mistakes.

 

Unfortunately, some mistakes, like a criminal conviction, can follow you and make simple things like getting a good job more difficult than those without a record.

Some think it is not worth their time to have misdemeanors or certain felonies expunged or sealed from potential viewing. Truth is, the mistakes of the past can hinder your life in the present and future.

 

If you don’t want those mistakes following you for the rest of your life, you might want to consider talking to an experienced lawyer, like Matthew Mishak, to see if it is possible to get an Ohio Record Expungement.

 

In the meantime, to help you make an educated decision, here are five ways an Ohio Criminal Record Expungement may help you live a better quality of life.

 

Job

job application criminal recordEver noticed that all job applications have a section where they ask if you’ve ever been convicted of a crime? This can give one a sense of dread if you have in fact been convicted. Some are tempted to lie and pray the employer won’t find out, but this is never a good course of action.

With an Ohio criminal record expungement, you can honestly answer “No” to this question with no fear of the employer finding out you lied.

 

Loans

job application criminal recordWhether it is a bank loan for a car, home, or personal expenses, if you have a conviction on your record, it is possible that the financial institution can deny your loan. They could also view your criminal record as someone who is not responsible enough to pay debts, or give you a ridiculous interest rate in order to obtain the loan.

Having your criminal record expunged can help eliminate this embarrassing and sometimes costly outcome.

 

Housing

rental with criminal recordMost landlords, rental and property management companies, and real estate agencies will favor someone without a criminal record over someone with one, no matter how old that conviction is. This goes almost hand in hand with getting a job or a loan.

An Ohio criminal record expungement can pave the way to a happy home for you and your loved ones.

 

Schooling and State Licensing

college application ohio record expungementYou could get denied admission to a college or career training facility and even funding for your education with a criminal conviction on your record. You can also be denied any state certifications or licensing, for example in the medical field.

Don’t discount yourself and look into getting your record sealed. A record expungement can open up a world of opportunities for you.

 

Freedom

freedom ohio record expungmentThe best reason to get an Ohio Record Expungement is for your own peace of mind and freedom!

It’s a lot easier than you think to have your record sealed in Ohio. Attorney Matthew Mishak has the experience and know-how to get your record expunged in the Ohio court system. 

When you get a criminal record expungement, you have a clean slate to move on with your life knowing that nothing will come back to haunt you.

 

Even if you are not convicted of a crime, it can be helpful to get your Ohio criminal record sealed.

In most cases, sealed records will not appear on background checks. This means it may be easier for you to apply for a job or license, get housing, apply to school or apply for credit. If your record is sealed, you can honestly answer on applications that the sealed record does not exist.

Aren’t you worthy of a fresh start?
See about getting your Ohio Record Expungement today.

 

Mishak Law North Ridgeville Ohio Record Expungement

 


For more information and/or to see if you are eligible to have your record expunged, contact Attorney Mishak today. 

 


record expungement Ohio new law October 2018 record sealing Mishak Law Matthew Mishak Attorney Lorain County Elyria North Ridgeville Northeast Ohio

Expanded Expungement Law in Ohio

In Ohio, an expungement is the same as sealing a record.

 

Expungement is a legal process provided under Section 2953 of the Ohio Revised Code that allows one to have any and all references to a prior criminal conviction cleared and their court file sealed. The result of this process is as if you were never convicted of the crime.

 

BIG NEWS! As of October 29, 2018, Ohio officially expanded its expungement law.

 

The new expungement law allows for a review for a person with up to five F4/F5 felonies and/or unlimited misdemeanors.

According to the new statutory makeup in ORC § 2953.32, persons with non-violent, non-sexual misdemeanors and/or felonies up to F4 or F5 may now be eligible for their records to be sealed by a court in Ohio.

Individuals who previously did not qualify to have records sealed might be eligible.

This new expungement law allows for the possibility of all records to be sealed.

 

There are still waiting periods related to the expungement requests following discharge:

 

  • Misdemeanors require a one year waiting period.
  • One F4/F5 Felony requires a three-year waiting period.
  • Two F4/F5 Felonies require a four-year waiting period.
  • Three to Five F4/F5 Felonies require a five-year waiting period.

 

These new laws will not apply to anyone with a F3 or higher felony conviction or those with a conviction which includes a sexual or violent offense, regardless of the result being a felony or a misdemeanor.

The court, of course, has the discretion to determine if a person qualifies for expungement of their criminal record.

Additionally, the prosecutor will be notified of the request and has the ability to object to records being sealed during a scheduled hearing.

 

Who is eligible for an expungement?

 

You qualify if you meet all of the conditions described in Section 2953 of the Ohio Revised Code, including:

  • The conviction you are trying to expunge is not one of the crimes precluded by law.
  • You were not subject to a mandatory prison term for the conviction.  (If you were sentenced to prison time, but you were eligible for community control/probation, you would still qualify.)
  • You have any of the following convictions or combination of convictions: one misdemeanor; or one felony; two misdemeanor convictions; or one misdemeanor conviction and one felony conviction.   (A series of 2 or 3 convictions out of the same case shall be considered one conviction under the expungement statute.) (Minor misdemeanors including most traffic offenses do not count as a conviction.)
  • The statutory waiting period has passed for the conviction you seek to expunge.
  • You have no current or criminal charges pending against you. 

 

Can’t I just represent myself and save money?

 

Expungement requires drafting and filing of a motion (a formal legal document asking the court to take a particular action). The expungement motion will be filed with the court that sentenced you, and it will also have to be served on the prosecutor in some cases, and the probation department.

At the expungement hearing, oral or non-oral, the court must be convinced through persuasion and demonstration that your rehabilitation has been obtained and that you are deserving of an expungement.

An expungement is a privilege and not a right. 

The court may deny your expungement if they question that you have met all the qualifications under the Ohio Revised Code, or the court is not satisfied that you have been rehabilitated.

 

Legal Reference: FindLaw.com


If you would like to learn if you are eligible or request additional expungement law information, contact Attorney Mishak today.

 


how judges set bail Mishak Law Matt Mishak attorney Lorain County Elyria North Ridgeville

How Do Judges Set Bail?

Ever wonder how Judges set bail on cases? Learn all about the basics here!

How Judges Set Bail

Judges ordinarily set a bail amount at a suspect’s first court appearance after an arrest, which may be either a bail hearing or an arraignment. Judges normally adhere to standard practices (for example, setting bail in the amount of $500 for nonviolent petty misdemeanors). However, judges can raise or lower the standard bail, or waive bail altogether and grant release on the defendant’s “own recognizance,” or O.R., based on the circumstances of an individual case.

Defendants do not need a lawyer to arrange for bail. They can either post cash bail personally or phone a bail bond seller and arrange for a bond. Relatives or friends can come to a jail or court and post cash bail for an arrested person or purchase a bond from a bail bond seller.

Factors That Influence Bail Amounts

In addition to the seriousness of the charged crime, the amount of bail usually depends on factors such as a defendant’s past criminal record, whether a defendant is employed, and whether a defendant has close ties to relatives and the community.

Setting Bail By Algorithm

In recent years, courts have started using math to inform decisions about pretrial release. In these jurisdictions, select information about the defendant is entered into a program and a score or recommendation comes out. These bail algorithms, which consider factors like age and criminal history, are supposed to assess the risk that the defendant will commit another crime or fail to appear in court.

Judges may legally deny bail altogether in some circumstances. For example, if another jurisdiction has placed a warrant (hold) on a defendant, a judge is likely to keep the defendant in custody at least long enough for the other jurisdiction to pursue its charge. And bail may be denied to a defendant who is likely to flee the jurisdiction before the case concludes. 

Example: Rosie Olla is arrested and charged with managing a large prostitution ring. Rosie is a naturalized American citizen born in Spain, and her family still lives in Barcelona. While searching Rosie after her arrest, the police found that she was carrying a passport and $5,000 in cash. Under these circumstances, a judge will probably be very reluctant to set bail for Rosie. Her family background and the fact that she was carrying a passport and a large amount of cash suggest that Rosie may flee to Spain if she is released on bail. Unless Rosie can explain to the judge why she was carrying the passport and cash, and can also demonstrate strong ties to the local community, a judge is likely to deny her request for bail.

Bail Schedules

In many areas of the country, defendants can post bail with the police even before they are brought to court for a bail hearing or an arraignment. Many jails have posted bail schedules, which specify bail amounts for common crimes. An arrested defendant can obtain release immediately after booking by paying the amount of bail set forth in the jailhouse bail schedule. Bail schedules can vary considerably according to locality, type of crime, and residency.

As a general rule, bail for offenses classified as felonies is five to ten times the bail required for misdemeanors. The more serious and dangerous the crime, the higher the amount of bail is likely to be. As a general rule, a jailhouse bail schedule is inflexible. The police will not accept bail other than as set forth in a schedule; suspects wanting to pay less must go before a judge.

As an alternative or in addition to jailhouse bail schedules, some areas have duty judges. A duty judge is available to fix bail over the phone, without the necessity for a formal court hearing. Like a jailhouse bail schedule, using a duty judge is an option for arrested persons who are anxious to bail out of jail before going to court.

Police Practices That Affect Bail Amounts

Unfortunately for many suspects who want to bail out of jail quickly, the police tend to arrest suspects for the most serious criminal charge that can possibly be supported by the facts at their disposal.

For instance, the police may treat possession of a small amount of marijuana (a misdemeanor in most states) as an arrest for possession of marijuana with intent to sell (a felony in all states). Even though such a charge will almost certainly be reduced to a misdemeanor later in the case, it is a felony for the purposes of the bail schedule, and bail will be set accordingly.


Are you or someone you know in need of legal assistance? 
Contact Mishak Law today.


Originally seen onNolo.com


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