Do I Qualify For Expungement In Ohio?


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FOR RECORDS OF DISMISSALS AND FINDINGS OF NOT GUILTY

Records of dismissals and cases where you were found not guilty can be sealed immediately regardless of your prior record of convictions.

FOR CONVICTIONS AND BAIL FORFEITURES

Effective 10/29/2018, there are two ways to qualify for sealing your conviction record!!!

First way to qualify for sealing your record:  

The first way is new and vastly expands a persons ability to qualify to seal their record.  Read the following questions to determine if you may be eligible under this new law starting October 29, 2018.  If you answer yes to any one question, you do not qualify under the new law.

  1. Do you have more than five felony convictions?
  2. Are any of your felony convictions a first, second, or third degree felony?
  3. Are any of your convictions, misdemeanor or felony, offenses of violence?
  4. Are any of your felony convictions sex offenses?
  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?

Even if you answer yes to question two, you may still qualify under the old law which was made part of the new law if you only have one felony and no more than one misdemeanor if the felony is of the third degree and neither conviction is an offense of violence or a felony sex offense.

Second way to qualify to seal your record:

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. Do you have more than one misdemeanor and one felony?
  3. Do you have more than one felony?
  4. If you want a misdemeanor conviction sealed, has it been less than one year since the end of your probation?
  5. If you want a bond forfeiture record sealed, has it been less than one year since the forfeiture went on record?
  6. If you want a felony conviction sealed, has it been less than three years since the end of your probation?
  7. 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 qualify under one of the two ways above, the following convictions cannot be sealed:

  • Any conviction when the offender is subject to a mandatory prison term
  • Rape  ORC 2907.02
  • Sexual battery  ORC 2907.03
  • Unlawful sexual conduct with a minor  ORC 2907.04
  • Gross sexual imposition  ORC 2907.05
  • Sexual imposition  ORC 2907.06
  • Pandering obscenity involving a minor  ORC 2907.321
  • Pandering sexual oriented matter involving a minor  ORC 2907.322
  • Illegal use of a minor in nudity oriented material or performance  ORC 2907.323
  • Importuning  ORC 2907.07
  • 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 “offenses of violence” that are misdemeanors of the first degree or felonies (also includes attempt or complicity to any of the below if they are a misdemeanor of the first degree or felony):

  • Aggravated murder  ORC 2903.01
  • Murder  ORC 2903.02
  • Voluntary manslaughter  ORC 2903.03
  • Involuntary manslaughter  ORC 2903.04
  • Felonious assault  ORC 2903.11
  • Aggravated assault  ORC 2903.12
  • Permitting child abuse  ORC 2903.15
  • Aggravated menacing  ORC 2903.21
  • Menacing by stalking  ORC 2903.211
  • Menacing  ORC 2903.22
  • Kidnapping  ORC 2905.01
  • Abduction  ORC 2905.02
  • Extortion  ORC 2905.11
  • Trafficking in persons  ORC 2905.32
  • Rape  ORC 2907.02
  • Sexual battery  ORC 2907.03
  • Gross sexual imposition  ORC 2907.05
  • Aggravated arson  ORC 2909.02
  • Arson  ORC 2909.03
  • Terrorism  ORC 2909.24
  • Aggravated robbery  ORC 2911.01
  • Robbery  ORC 2911.02
  • Aggravated burglary  ORC 2911.11
  • Aggravated riot  ORC 2917.02
  • Domestic violence  ORC 2919.25
  • Intimidation  ORC 2921.03 and 2921.04
  • Escape  ORC 2921.34
  • 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  ORC 2923.161
  • Burglary  ORC 2911.12(A)(1), (2), or (3)
  • Endangering children  ORC 2919.22(B)(1)-(4)
  • Any offense, other than a traffic offense, committed purposely or knowingly and resulting in physical harm to persons

Any of the following if the victim was under 18:

  • Voyeurism  ORC 2907.08
  • Public Indecency  ORC 2907.09
  • Compelling prostitution  ORC 2907.21
  • Promoting prostitution  ORC 2907.22
  • Enticement or solicitation of a prostitute  ORC 2907.23
  • Procurement of a prostitute for another  ORC 2907.23
  • Disseminating matter harmful to juveniles  ORC 2907.31
  • Displaying matter harmful to juveniles  ORC 2907.311
  • Pandering obscenity  ORC 2907.32
  • Deception to obtain matter harmful to juveniles  ORC 2907.33

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.