All criminal charges have consequences. If you have been charged with a domestic violence offense, you might wonder how that will affect your life. Whether you have an initial charge or a conviction, you will want to know how long a domestic violence charge will stay on your record. We will look at these charges and help you get answers to your questions.
Ohio’s Domestic Violence Laws
Domestic violence offenses are taken seriously in Ohio. This crime is defined as knowingly causing or attempting to cause physical harm to a family or household member, recklessly causing serious harm, or threatening such harm. Under the Ohio Revised Code (ORC) 2919.25, there are various penalties associated with the offense depending on:
- The nature of the crime
- The relationship between the parties involved
- Any prior convictions against the convicted individual
These crimes can either be felonies or misdemeanors. While a felony will carry higher fines and longer prison sentences, a misdemeanor often has lesser penalties. However, one fact remains: these charges will remain on your record.
How Long Will a Charge Stay on Your Record?
If you are worried about the amount of time that a charge will stay on your record, the answer often depends on several factors, including whether you have been charged with a felony or misdemeanor.
For those with a misdemeanor conviction, it could remain on your record permanently. You will need to take steps to have the conviction removed; it will not be automatically erased after a certain time. However, this can only happen if you are eligible for an expungement.
Felony convictions are different, and there may not be any recourse to remove that conviction. These convictions can drastically affect your life, and you may even lose certain rights.
But what happens if the charges were dropped or there was an acquittal? Well, in many cases, the charge could still remain on your criminal record. Unlike a conviction, you could be able to have those records sealed or expunged. Once they are sealed, then the charge will not appear in a public background check. Keep in mind that law enforcement may still be able to see the charge.
How to Get an Expungement or Seal Your Records
Whether you have a charge or a conviction, you may want to take steps to erase that from your permanent criminal record. You may choose to have the record sealed or expunged. With an expungement, the court will remove the charge from your record. This would be as if the act never occurred. On the other hand, sealing a record will restrict public access to your criminal record. But as stated above, law enforcement and government agencies may still have access to those records.
To apply for either an expungement or record sealing, you will need to meet a few eligibility requirements. For a misdemeanor conviction, including domestic violence, you may be eligible for expungement after a waiting period. But the conviction must be a second-degree charge or less. In most cases, you must wait at least one year after completing your sentence before applying for expungement.
There is bad news for those convicted of a felony domestic violence conviction in Ohio. These crimes are often not eligible for expungement.
However, if your domestic violence charge was dismissed or you were acquitted, you can apply to have the record sealed immediately after the conclusion of the case without any waiting period.
If you want to seek an expungement or record sealing, you must petition the court that handled your case. The court will evaluate your petition based on the following:
- Your criminal history
- The severity of the charges
- The time elapsed since the completion of your sentence
In all cases, you will need to attend a court hearing before a judge. At that time, they will decide whether to grant your request.
You Can Take Steps to Avoid a Conviction
How long does domestic violence stay on your record in Ohio? For those convicted of a felony, the answer may be indefinite. On the other hand, those who meet certain criteria may be eligible for an expungement. Since these crimes can have long-reaching consequences, you will want to avoid getting a conviction on your record. That is why you will want to turn to an experienced criminal defense lawyer in Ohio to assist with your case.
If you are ready to start the process to fight against your charges, reach out to Hunt Law LLC. Over the years, our legal team has successfully defended individuals against a wide range of criminal charges. To arrange a free consultation, please contact us at 330-469-9836.