What Is Eligible To Be Expunged From My Record In Ohio?
What Is Eligible To Be Expunged From My Record In Ohio?
Ohio changed its expungement rules in 2019, allowing citizens to clean up their legal records more easily. However, expungement is not the same thing as a fully clean slate. In Ohio law, expungement signifies that a person’s arrest and conviction records are sealed away from the general public. Government agencies still maintain an index of these records, but they’re no longer accessible for public access.
An important note: DNA records still can’t be sealed the way other records can be, except in cases in which the person’s conviction is overturned. Individuals can additionally request that their records by sealed for multiple cases on a single application, which saves the person some application fees.
Timetable for Eligible Convictions
Ohio Revised Code Section 2953.32 allows for convictions to be expunged according to the following timetable. Completion refers to completion of the person’s sentence, probation and payments of all court costs, fines and restitution.
• Misdemeanors may be expunged one year after completion.
• One felony may be expunged three years after completion.
• Two felonies may be expunged three years after completion.
• Three, four or five felonies may be expunged five year after completion.
Cases That Are Not Eligible
• Bail forfeiture, in certain traffic cases (see Ohio Revised Code Section 2953.32)
• Convictions after which the offender has been given a mandatory prison sentence
• Convictions for a felony in the first degree
• Convictions for a felony in the second degree
• Convictions for violent offenses when the offense is a felony or misdemeanor of the first degree (with some exceptions)
• Convictions under 2907.07 (importuning) committed on or after October 10, 2007 and similar violations when the victim was under 18 years old
• Multiple convictions for an identical offense
• Sex offense convictions under Ohio statutes §§ 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.321, 2907.322 or 2907.323 and former 2907.12
• Sex offense convictions when the victim was under 16 years old
• Traffic offenses under Chapters 4507., 4510.,4511., or 4549 that include operating a vehicle while impaired, reckless operation of a vehicle or speeding
What Happens When a Record Is Expunged?
After an individual files an application, the court sets a date for a hearing. The prosecutor of the case is notified and is then allowed to file an objection to the application. Prosecutors must supply the court with the reason for the objection.
The court then directs its department of probation to make written reports and inquiries about the applicant. If the conviction is related to a violation of Ohio statute 2919.21 (nonpayment of child support), then the probation department also contacts the applicable child support enforcement agency. The probation department will inquire into how well the applicant complies with the current child support order, if any.
Following this, the court will decide about the application, taking into consideration any reports that come back, whether the prosecutor has filed any objections and the public’s interests. If the applicant has any pending criminal proceedings, the court will also take this into consideration.
What Happens When a Record Is Expunged?
After an individual files an application, the court sets a date for a hearing. The prosecutor of the case is notified and is then allowed to file an objection to the application. Prosecutors must supply the court with the reason for the objection.
The court then directs its department of probation to make written reports and inquiries about the applicant. If the conviction is related to a violation of Ohio statute 2919.21 (nonpayment of child support), then the probation department also contacts the applicable child support enforcement agency. The probation department will inquire into how well the applicant complies with the current child support order, if any.
Following this, the court will decide about the application, taking into consideration any reports that come back, whether the prosecutor has filed any objections and the public’s interests. If the applicant has any pending criminal proceedings, the court will also take this into consideration.