Ohio Expungement Law
Ohio law, offers the opportunity to put your criminal record behind you through the process of “expungement.” Having your record expunged means that any record of your criminal conviction is sealed from the record. An expungement makes it appear as though the conviction never occurred. Conditions under the law limit how many convictions and which offenses are eligible to be expunged.
Ohio Law previously allowed for only one felony and one misdemeanor expungement or two misdemeanor expungements. In 2018, Ohio made changes to O.R.C. 2953.31, the statute governing the rules on expungements. Revisions to Ohio’s laws on expungements allow a higher number of convictions to be sealed. Ohio now allows for up to five felony convictions and unlimited misdemeanors to be expunged. Despite the increased number of convictions that may be expunged, Ohio stands by its previous rules on which convictions may be expunged.
Ohio has not changed its laws with regards to the offenses that are not allowed to be expunged. An offense of violence is not able to be expunged from your record. Any felony sex related offense is also not able to be removed from your record. Although up to five felonies are expungable under the new law, this applies only to felony 4 and felony 5 convictions. Felony 1, felony 2, and felony 3 convictions are not able to be expunged from your record.
Although having your record expunged will treat the conviction as though it never occurred, some agencies are still able to obtain the sealed record. Special circumstances allow for employers and law enforcement agencies to obtain your sealed record. For example, a career in which you will be providing care to minors may allow the employer to see your sealed record. Speak with an experienced criminal defense attorney to learn more about getting your record expunged; who can see past a sealed record, and if your record able to be expunged.
To speak with an experienced criminal defense attorney about your prior convictions and whether you are able to have them expunged, contact attorney Errol Can at our offices (330-673-3444).