Who Qualifies for Expungement in Ohio?

Not everyone qualifies for expungement, but Ohio law has recently expanded eligibility, making it accessible to more individuals. Here’s a breakdown of who might qualify:

1. Eligible Offenses:

• Most misdemeanors.
• Many felonies (except violent crimes, sex offenses, and certain high-level felonies).
• Certain dismissed or “no-billed” charges.

2. Number of Convictions:

• You can seal an unlimited number of misdemeanors.
• Up to five felony convictions (as long as they are fourth- or fifth-degree felonies).

3. Waiting Period:

• Misdemeanors: You must wait one year after completing your sentence (including probation).
• Felonies: The waiting period is three years for eligible offenses.

Each case is unique, so even if you think you’re not eligible, it’s worth a consultation. I can review your record and determine your options.

How Does the Expungement Process Work?

The process might seem overwhelming at first, but that’s where I come in. Here’s an outline of the steps involved:

1. Determine Eligibility: We’ll start by analyzing your record to confirm you qualify under Ohio law.

2. File an Application: I’ll prepare and file a formal application with the court in the county where your conviction occurred.

3. Court Review:

• The prosecutor and judge will review your application.
• In some cases, a hearing is required where I’ll advocate for why your record should be sealed.

4. Decision: If the judge approves, your record will be sealed. This means it will no longer appear in most background checks.

From start to finish, the process can take a few months, but having an experienced attorney on your side ensures every detail is handled properly.

What Offenses Cannot Be Expunged in Ohio?

Unfortunately, not all offenses are eligible for expungement. Here are some common examples of ineligible offenses:

• Violent crimes like aggravated murder or kidnapping.
• Sex-related offenses, including rape or sexual battery.
• First- or second-degree felonies.
• Certain crimes involving minors.

If your conviction falls into one of these categories, we can explore other options, like a pardon from the governor.

Why Should You Pursue Expungement?

The benefits of expungement go far beyond just “cleaning up” your record. It can positively impact nearly every area of your life:

• Employment: Most employers run background checks, and a sealed record prevents past convictions from appearing.
• Housing: Landlords are often hesitant to rent to individuals with criminal records.
• Peace of Mind: Knowing your record is sealed gives you the freedom to move forward without stigma.

FAQs About Expungement in Ohio

1. Will my record be completely erased?
No, expungement doesn’t erase your record—it seals it. This means it’s not visible to the public, but certain entities like law enforcement can still access it.

2. Can I expunge multiple convictions?
Yes! Ohio law allows for multiple misdemeanors and up to five felonies to be sealed, as long as they meet eligibility criteria.

3. What about arrests without convictions?
If you were arrested but not convicted, you might be eligible to seal the record immediately without a waiting period.