Are you eligible for an expungement/sealing of your record?
Once charged and convicted of a criminal offense in Ohio, it is highly advised to expunge your conviction. Expungements prevent individuals requesting background checks from seeing your past conviction. The rule governing expungements can be found in the Ohio Revised Code §2953.32. However, not everyone is eligible for an expungement. You are eligible if you meet the following conditions:
- Your conviction must not be an ineligible offense. These are:
- Rape
- Sexual Battery
- Corrupting a minor
- Gross Sexual Imposition
- Sexual Imposition
- Obscenity involving a minor
- Pornography involving a minor
- Illegal use of a minor in pornography
- All Driver's License Violations
- Motor Vehicle Violations
- Misdemeanors of the first degree or Felonies where the victim is under the age of 18
- Felonies of the first and second degree
- Offenses of violence that are misdemeanors of the first degree or felonies, except convictions for riot, misdemeanor assault, inciting violence, and inducing panic
- Your conviction did not require mandatory prison time.
- Other than the conviction you seek to expunge, you have no other criminal record.
- If you were convicted of a misdemeanor you must wait one year after the conviction date or one year after probation expires if you were placed on probation. If you were convicted of a felony you must wait three years after probation expires.
- You do not have any current pending criminal or traffic cases.
- You have not expunged any other criminal conviction.
In the event you have ever been convicted of DUI or OVI, you will not be eligible to apply for expungement in Ohio