Do I Qualify For Expungement In Ohio?


TOP

For records of dismissal and findings of not guilty:

Records of dismissals and cases where you were found not guilty can be sealed immediately.

For convictions and bail forfeitures:

If you answer yes to any of the following questions, you do not qualify:

As you answer the questions, do not include minor misdemeanors or misdemeanor traffic violations in your count (see below for traffic violations that do count). Also, multiple convictions arising from the same act are to be counted as one conviction.

  1. Do you have more than two misdemeanor convictions?
  2. If you only have two misdemeanors, are they for the same offense?
  3. Do you have more than one misdemeanor and one felony?
  4. Do you have more than one felony?
  5. If you want a misdemeanor conviction sealed, has it been less than one year since the end of your probation?
  6. If you want a bond forfeiture record sealed, has it been less than one year since the forfeiture went on record?
  7. If you want a felony conviction sealed, has it been less than three years since the end of your probation?
  8. Are there any criminal charges currently pending against you?

Below are misdemeanor traffic violations that do count as convictions and should be added to your total as you answer the questions above.

  • Operating a vehicle under the influence of drugs or alcohol
  • Street racing
  • Stopping after an accident
  • Sale or possession of master key designed to fit more than one vehicle
  • Concealing or destroying the identity of a vehicle
  • Odometer rollback
  • False odometer disclosure statement
  • Driving under an implied consent suspension or administrative license suspension
  • Driving under a public safety suspension

Even if you didn’t answer yes to any of the questions above, the following convictions cannot be sealed:

  • Any conviction when the offender is subject to a mandatory prison term
  • Rape
  • Sexual battery
  • Unlawful sexual conduct with a minor
  • Gross sexual imposition
  • Sexual imposition
  • Pandering obscenity involving a minor
  • Pandering sexual oriented matter involving a minor
  • Illegal use of a minor in nudity oriented material or performance
  • Traffic offenses (for the most part)
  • Motor vehicle crimes
  • Any misdemeanor of the first degree where the victim was under 18 (except for child support)
  • Any felony where the victim was under 18 (except for child support)
  • Any felony of the first degree
  • Any felony of the second degree
  • Bail forfeitures in traffic cases

Any of the below that are misdemeanors of the first degree or felonies (also includes attempt or complicity to any of the below if M1 or felony)

  • Aggravated murder
  • Murder
  • Voluntary manslaughter
  • Involuntary manslaughter
  • Felonious assault
  • Aggravated assault
  • Permitting child abuse
  • Aggravated menacing
  • Menacing by stalking
  • Menacing
  • Kidnapping
  • Abduction
  • Extortion
  • Trafficking in persons
  • Aggravated arson
  • Arson
  • Terrorism
  • Aggravated robbery
  • Robbery
  • Aggravated burglary
  • Aggravated riot
  • Domestic violence
  • Intimidation
  • Escape
  • Improper discharge of firearm into habitation, school safety zone, or with intent to cause harm or panic in a school building or at a school function
  • Burglary
  • Endangering children (sometimes can be sealed)
  • Any offense committed purposely or knowingly and resulting in physical harm to persons
  • Importuning

Any of the following if the victim was under 18:

  • Voyeurism
  • Public Indecency
  • Compelling prostitution
  • Promoting prostitution
  • Enticement or solicitation of a prostitute
  • Procurement of a prostitute for another
  • Disseminating matter harmful to juveniles
  • Displaying matter harmful to juveniles
  • Pandering obscenity
  • Deception to obtain matter harmful to juveniles

Columbus, OH Expungement Lawyer | The Maher Law Firm | 614-205-2208

If you or someone you know has a prior record getting in the way of employment or other opportunity, call an experienced expungement attorney from The Maher Law Firm to get the record sealed.