Common Reasons For Denials

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What Are Common Reasons For A Request To Seal A Record To Be Denied?

At the time of this writing, I have never had a record seal denial. That does not mean they never get denied, but so far I have had good success. The one case I can think of that was a close call was a case where a person had a record sealed several years in the past, and we were trying to seal another conviction for the same thing. The judge really took a hard look at that. It really depends on how the person is doing since then, whether they are leading a law-abiding life, staying out of trouble and proving themselves. If that is not the case, then the judge very well might see that and deny the application. Here is you will know what are common reasons for a request to seal a record to be denied?

Can The Judge See a Sealed Charge And Consider It A Second Offense?

Yes, the judge and the court will be able to see it, along with any of the agencies that get to see through that seal. If the person gets another charge, like a second assault charge or a second theft charge, then the court or the judge will be able to see that the person has done it before. The judge will most likely take that into account when issuing a sentence.

Are Judges Actually Allowed To Take That Into Account?

Yes.

Is It Like A Slap In The Face When Someone Is Given A Second Chance And They Waste It?

Absolutely. The judge will almost certainly see it as having given the person another chance, and the person just throwing it away.

Do They Make It Harder To Have Something Sealed Again?

Yes, and in the case I mentioned earlier, the judge was very close to not granting it because the applicant had already done it once before.

What Can Someone Do If The Court Does Not Grant The Request To Seal A Record?

That would leave the same options as if the person was not eligible to have that record sealed. Either seeking a pardon or Certificate of Qualification for Employment, or withdrawing the initial plea. Pardons and plea withdrawals are rare, so in most cases the person is stuck with that conviction.

What Will Show If a Background Check Was Done on Someone Whose Record Was Sealed?

For most purposes, nothing. There would just not be a record. Some agencies will always be able to access a sealed record, but to any agencies that did not have that privilege, it will look like that conviction never existed.

Why Should Someone Hire An Experienced Attorney Versus Going It Alone?

This process can be done alone and some people do manage to do it that way, but an attorney will be able to do it faster with less chance of error. An attorney will also be able to navigate any unexpected obstacles that spring up. Someone who has no experience with this sort might run into some issues they do not know how to solve, that could affect their chances of getting that application granted.

Does The Certificate Of Actual Innocence Apply In Ohio?

There is no such thing in Ohio.

For more information visit to our office on why record seal denials happen, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (440) 394-0548 today.

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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio?

Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, “I only had a couple” or “I didn’t drink that many”, but what happens then is that statement “I only had a couple” comes into trial is they admitted to drinking.

It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.

Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.

One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.

How Can An Attorney Help In Defending A DUI/OVI Case In Ohio?

The most common one is successive OVIs. Every OVI a person gets is added onto the last one. There is enhanced penalties for multiple OVIs within six years, also multiple OVIs within twenty years and at some point there are enhanced penalties for getting several OVIs in your lifetime.

They get more and more serious under the law, and even with an individual judge if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

Yes they can. There are a couple of basic ovis, one is for having a blood alcohol level below 0.08 or 0.17 and that is determined by a chemical test. If an officer believes that the person is impaired even without that reading, he can charge them with an ovi even if they blew a 0.06 or 0.05 just because he says they are impaired, even though that is a lower limit.

As mentioned earlier, alcohol affects everybody differently, some people may have a low level and feel it more, and some people may have a high level and think that they’re fine. So yes, there are spots where they will get an ovi with less than 0.08.

Do I have a case?

The most common method for testing BAC is a breathalyzer machine, many of which pose significant reliability problems. As an Ohio DUI defense attorney, Matthew Bangerter handles all matters related to the defense of your drunk driving charge, including challenging the reliability of breathalyzer equipment used, appearing in criminal court as your advocate, and negotiating with the prosecution to obtain a reduced sentence. As a skilled Ohio DUI attorney, Matthew Bangerter understands the Ohio drunk driving laws and he will strive to obtain a dismissal or reduction of charges against you, as well as the minimum available penalty. He understands that maintaining your driving privileges is of the utmost importance so he will seek to minimize or avoid any suspension or revocation of your driver’s license.

Ohio DUI Penalties

Ohio has some of the strictest penalties for DUI/OVI in the country. Penalties for DUI/OVI can be severe, even for a first offense. If convicted, you could face license suspension, hefty fines, vehicle disablement, required OVI offender license plates, ignition interlock, and mandatory jail time. If you test over the legal limit or fail to submit to a breath alcohol test you face a mandatory minimum Administrative License Suspension (ALS) unless you correctly appeal the suspension.

Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. Court-imposed driving limitations may also impact your ability to get to and from work as well.

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