Eligible Offender means that we look at your ENTIRE criminal and traffic record to determine if you qualify to apply for sealing of an offense. To be an eligible offender, you must have only the following:
– 1 misdemeanor; or
– 1 felony; or
– 1 misdemeanor and 1 felony; or
– 2 misdemeanors.
*minor misdemeanors are not considered; 2 or more offenses that resulted in 1 case count as 1; some traffic offenses will be considered, such as an OVI/DUI or DUS*
You must apply no earlier than 1 year (misdemeanor) or 3 years (felony) after you have completed all Court requirements, i.e. probation, payment of court costs, etc.
The offense you are trying to seal must be an Eligible Offense. Offenses that are NOT sealable:
– 1st or 2nd degree felonies
– offenses with mandatory prison terms
– sex offenses
– traffic offenses
– certain crimes involving minor victims
– offenses of violence (assault is sealable if M1)
No current charges pending or open with any Court.
The applicant must demonstrate he/she has been rehabilitated to the satisfaction of the Court. The Court then must weigh the interests of the applicant in having the records sealed versus the legitimate needs of the government to maintain those records. This involves a hearing; the length and detail of which is determined by level of offense.
Questions? Call us! 614.745.2001