What is an Ohio expungement?
An Ohio expungement is the act of sealing criminal records so that others do not have access to them. Ideally, an Ohio expungement would erase all trace of criminal records; however, certain individuals including law enforcement officers, prosecutors, parole and probation officers, and agencies may still have access to the criminal records for specific purposes. An Ohio Expungement does not completely erase the criminal record but seals those records from individuals and entities not listed above. In other words, access to them is extremely limited.
Why seek expungement in Ohio?
If you qualify for an Ohio expungement, it may prove valuable to you when applying for a job, seeking credit, applying for college, renting an apartment, etc. Sealing the record of your conviction would generally prevent the discovery of your criminal conviction.
Do I qualify for expungement in Ohio?
In general, an Ohio expungement is a one-time freebie. You get one chance to use it and that's it. In order to take advantage of the process, you must be a first offender in the eyes of the law. So don't plan on saving your shot at expungement if you already have one conviction. If you are convicted of another crime in the meantime, you generally become ineligible for expungement.
How do I determine if I am a first offender in Ohio?
What is important is that you have actually been convicted of a crime. Charges that were dismissed are not convictions. Charges that were never pursued are not convictions. Generally, you must have only one conviction to be eligible. In certain situations, more than one conviction may be considered only one conviction. A detailed discussion of that will follow. Further qualifications are that convictions for certain crimes are not eligible for expungement and a certain amount of time must pass before you can apply for expungement.
How much time must pass before I can apply for an Ohio expungement?
The answer to the question depends upon two things. First, was your conviction a misdemeanor or a felony? If it was felony, you have to wait three years before you can apply for the sealing of the record of your conviction. If it was a misdemeanor, then you must wait one year for the sealing of the record of your conviction.
The second thing it depends upon is when you finished the last part of your punishment. Judges can sentence you to a lot more than jail time. They can sentence you to probation, they can order you to make restitution, they can order you to take counseling sessions or attend anger management courses. You must fulfill all of the things that the judge sentenced you to before the clock on your one year or three year period starts to tick.
What type of convictions cannot be expunged from my record?
The following are convictions that cannot be expunged:
- Convictions when the offender is subject to a mandatory prison term;
- Convictions under section 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.321 [2907.32.1], 2907.322 [2907.32.2], or 2907.323 [2907.32.3], former section 2907.12 (Chapter 2907. deals with three main categories of crimes: sexual assaults and displays; prostitution offenses; and offenses related to the dissemination of obscenity and matter harmful to juveniles), or Chapter 4507. (Driver's License Law), 4511. (Operation of a Motor Vehicle), or 4549. (Motor Vehicle Crimes) of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters;
- Convictions of an offense of violence when the offense is a misdemeanor of the first degree or a felony and when the offense is not a violation of section 2917.03 (Riot) of the Revised Code and is not a violation of section 2903.13 (Assault to an unborn child), 2917.01 (Inciting violence) or 2917.31 (Inducing panic) of the Revised Code that is a misdemeanor of the first degree;
- Convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age when the offense is a misdemeanor of the first degree or a felony;
- Convictions of a felony of the first or second degree;
- Bail forfeitures in a traffic case as defined in Traffic Rule 2.
What will hurt my application for an Ohio expungement?
- If you have already been granted an expungement, you will be ineligible.
- If you have any additional pending charges or unpaid tickets in any court then you will be ineligible for expungement.
- If a year has not passed since the completion of your misdemeanor conviction or three years have not passed since your felony conviction, then you will be ineligible for expungement.
- If you have more than one conviction.
First offense for DUI, OMVI, OVI can usually be expunged if applicant meets other requirements.
How do I get the process started and what will happen once I do?
You begin the process by filing an application for an Ohio expungement and sealing of the record in the court of your conviction. This application is simply the form that follows this section. In essence, it is a request to reopen your case and have the records of that case sealed. The application must be filed in the same court that convicted you. The clerk of courts will require a filing fee with the application. In Franklin County, the filing fee is $50.00. The clerk will then notify you of a hearing date. At the hearing the judge will determine your application for expungement.
If I am unsuccessful in seeking an expungement, can I get my filing fee back?
Simply filling out the application and paying the filing fee does not guarantee that you will receive an Ohio expungement. Your filing fee is not refundable if you are unsuccessful in obtaining an Ohio expungement.
Can I rely on the advice of the clerk of courts?
Clerks of court are not able to give you legal advice. At the Ohio expungement hearing, do not tell the judge that the clerk of courts told you that your conviction was expungeable. It will get you nowhere. If the clerk of courts could decide the matter you wouldn't be going in front of a judge now. Although the clerk of courts cannot give you legal advice, he or she may want to give you their opinion on whether your conviction is expungeable. Remember that their word is not the law. The Ohio expungement statute can become complicated and the clerk's opinion may be wrong. If you feel you have a strong case of expungement, you may still apply for one despite the clerk's opinion to the contrary. If your case is complex, you may wish to consult an attorney who works in this area.
Andrew J. Ruzicho II and Eric Willison practice tenant law in Ohio and started their web site on expungement law, http://www.erasecriminalrecord.com/, in 2005.
