Hello, my question is, on my record I have DV mis case it was dismissed, as a nursing student I need this to be sealed or exspunged. Can I file this on my own? If so, procedure and cost? Will current employer ever see this when they run my finger prints? Thanks Lori
In what state?
Did you get my last email?
No, I apologize I did not.
On my record I have a DV mis in Ohio, case was dismissed. I'm currently a nursing student I need to get this sealed or exspunged, what do you suggest? Can I file this on my own? Cost? When they run FBI records will it pop up? Thanks Lori
Under OH law, if the case was dismissed then Ohio Revised Code 2953.52 provides that you may apply for an expungement to the court that dismissed the case. The court shall set a hearing and at that hearing the prosecutor could object or not. Typically when charges were dismissed they will not object. The cost to an attorney for this is about $900-$1500, depending on the attorney. You can get a motion for expungement from the clerk of the court where your case was dismissed and file it yourself. As far as the FBI records, an OH expungement does not force the FBI to do anything with their records, since there is no expungement federal law and sometimes they will and sometimes they will not when they get the order from the court and there is absolutely nothing you can do about that part.If you are asked on your applications about convictions, you do not have to disclose this. Some licensing boards ask about expungements and arrests and you have to disclose in that case. Also, even though you expunge, some of the governmental license agencies such as the nursing board still have access to the records and all you can do is explain to the board and a dismissed case is not a ground for dismissal.
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So, if I file on my own I donot need an attorney? If I dont need an attorney cost is still the same(NNN) NNN-NNNN I will have to appear in front of the judge, meaning if it is scheduled I miss class? yikes nursing school is something about attendance. I appreciate the information you gave me very helpful.
If you file on your own you do not need an attorney. You will have to appear in court for the hearing, even if it means missing class and if you miss court they will dismiss your expungement and will not grant it. If you have a friendly clerk of court you may be able to convince them to schedule the court date on a day you do not have class. Thank you for your compliment.
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