Ohio Expungement Eligibility
Here at the Law Offices of Christopher Jackson, we often receive phone calls from people who have conducted their own research and are confused as to what convictions can, or cannot be, expunged.
Ohio law allows expungement for ONE felony conviction or, ONE felony and ONE misdemeanor conviction, or TWO misdemeanor convictions if they are the ONLY offenses on their records.
Almost all dismissed cases are eligible for expungement.
Pursuant to the Ohio Revised Code, and decisions from Ohio courts applying the expungement statute, several exclusions exist which may disqualify an individual from an expungement and sealing of their record.
What makes you ineligible for an expungement:
1. If you have more than: ONE felony conviction or, ONE felony and ONE misdemeanor conviction, or TWO misdemeanor convictions
2. If one was subject to a mandatory jail sentence
3. Felonies in the first or second degree are ineligible
4. Crimes of violence are ineligible
a. with the exception of first degree misdemeanor convictions for violations of O.R.C. 2917.03 (riot), O.R.C. 2903.13 (assault), O.R.C. 2917.01 (inciting to violence), or 2917.31 (inducing panic).
5. specific crimes that cannot be expunged:
a. O.R.C. 2907.02 (rape);
b. O.R.C. 2907.03 (sexual battery),
c. O.R.C. 2907.04 (corrupting a minor),
d. O.R.C. 2907.05 (gross sexual imposition),
e. O.R.C. 2907.06 (sexual imposition),
f. O.R.C. 2907.321 (obscenity involving a minor),
g. O.R.C. 2907.322 (pornography involving a minor),
h. O.R.C. 2907.323 (illegal use of a minor in pornography),
i. convictions under former O.R.C. 2907.12 (felonious sexual penetration)
j. Additionally, convictions on or after October 10, 2007 under O.R.C. 2907.07 (importuning) or a conviction on or after October 10, 2007 for a violation of a municipal ordinance that is substantially similar to that section,
k. Convictions which occurred on or after October 10, 2007 under O.R.C. 2907.08 (voyeurism), O.R.C. 2907.09 (public indecency), O.R.C. 2907.21 (compelling prostitution), O.R.C. 2907.22 (promoting prostitution), O.R.C. 2907.23 (procuring), O.R.C. 2907.31 (disseminating matter harmful to juveniles), O.R.C. 2907.311 (displaying matter harmful to juveniles), O.R.C. 2907.32 (pandering obscenity), or O.R.C. 2907.33 (deception to obtain matter harmful to juveniles) when the victim of the offense was under eighteen years of age
6. No convictions under O.R.C. Chapter 4507 (Driver’s License Law), O.R.C. 4510 (Driver’s License Suspension, Cancellation, Revocation), O.R.C. Chapter 4511 (Traffic Laws – Operation of a Motor Vehicle), or O.R.C. Chapter 4549 (Motor Vehicle Crimes)
7. An offense in circumstances in which the victim of the offense was under 16 years of age when the offense is a misdemeanor of the first degree or a felony
As with an application for expungement must be set for a hearing before the court. In many cases, we are able to appear for our clients so that they do not have to appear.
An expungement of a criminal case has many benefits, but perhaps the most valuable, is to be able in most cases to state that you have no conviction when asked by your employer or a potential employer.
The purpose of the Expungement Statute in the Ohio Revised Code is to provide an opportunity to a person with a criminal record, and who has been rehabilitated into society, a second chance.