Before 10/29/2018, Ohio law only allowed a total of two convictions to be expunged from your record under ORC 2953.31 and 2953.32. To be eligible, you could have at most one felony and one misdemeanor conviction, or two misdemeanors on your record. Felonies of the first or second degree are ineligible for expungement. Conviction of violent crimes or most sex crimes make you ineligible for expungement. Convictions of a first degree misdemeanor or a felony where the victim was 15 years old or younger are disqualifying.
A first degree misdemeanor charge of Domestic Violence is considered a violent crime, however a fourth degree charge of Domestic Violence is not. First degree misdemeanor convictions for Assault, Inciting Riot or Inducing Panic are eligible for expungement.
Minor misdemeanors do not count as one of your two possible convictions for purposes of expungement. OVIs do count as one of your two possible convictions, however, they may not be expunged since the law considers them a traffic offense. Other traffic offenses, including moving violations, driving under suspension, driver’s license violations, or other motor vehicle crimes under ORC 4507, 4510. 4511, or 4549 are not eligible for expungement.
The law may consider two or three convictions as one conviction if the crimes were based upon the same action, or they occurred within a three month period.
To be eligible, you must wait one year after the completion of probation and any jail sentence for a misdemeanor, or for a felony, three years after the completion of any jail/prison sentence, probation/community control, or parole before filing.
Beginning on 10/29/18, Ohio law has added a new provision to ORC 2953.31 and 2953.32 to allow up to five felonies of the fourth or fifth degree to be expunged. As before, violent crimes may not be expunged and felony OVIs will count as one of the possible five felony convictions, however they still may not be expunged. Misdemeanor convictions do not count towards the number of convictions to be eligible under the new provision, however violent crimes, most sex crimes, or crimes where the victim was 15 years old or younger are still disqualifying.
To be eligible under the new provision, you must wait one year after the completion of probation and any jail sentence for a misdemeanor, or for one felony conviction, three years after the completion of any jail/prison sentence, probation/community control, or parole before filing. If you have two felony convictions, you must wait four years, or for three to five felony convictions you must wait five years.
Please call or message my office for a free consultation to determine your eligibility for expungement and a quote. I have included a list of convictions that are ineligible for expungement. I will need your full name, date of birth, the Ohio Courts you were convicted in, and a summary of your convictions. I can usually look up your charges on a particular Court’s online docket if you are unsure of all of your convictions in that court.
CONVICTIONS THAT CANNOT BE SEALED
Under ORC 2953.36 the following Convictions cannot be sealed:
2903.01 Aggravated murder
2903.02 Murder
2903.03 Voluntary manslaughter
2903.04 Involuntary manslaughter
2903.11 Felonious assault
2903.12 Aggravated assault
2903.13 Assault (*exception: this can be expunged if it is only a first degree misdemeanor) 2903.15 Permitting child abuse
2903.21 Aggravated menacing
2903.211 Menacing by stalking
2903.22 Menacing
2905.01 Kidnapping
2905.02 Abduction
2905.11 Extortion
2907.02 Rape
2907.03 Sexual battery
2907.04 Unlawful sexual contact with a minor
2907.05 Gross sexual imposition
2907.06 Sexual Imposition
2907.07 Importuning (If conviction on or after October 10, 2007)
2907.08 Voyeurism (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.09 Public indecency (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.12 (former) Felonious sexual penetration
2907.21 Compelling prostitution (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.22 Promoting prostitution (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.23 Enticement or solicitation to patronize a prostitute; procurement of a prostitute for another (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.31 Disseminating matter harmful to juveniles (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.311 Displaying matter harmful to juveniles (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.32 Pandering obscenity (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.321 Pandering Obscenity Involving a Minor
2907.322 Pandering Sexually Oriented Material Involving a Minor
2907.323 (A)(3) Illegal Use of a Minor in Nudity-oriented Material or Performance
2907.33 Deception to obtain matter harmful to juveniles (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2909.02 Aggravated arson
2909.03 Arson
2909.24 Terrorism
2911.01 Aggravated robbery
2911.02 Robbery
2911.11 Aggravated burglary
2911.12 Burglary (*Division (A)(1), (2), or (3) of section)
2917.01 Inciting to violence (*exception: this can be expunged if it is only a first degree misdemeanor)
2917.02 Aggravated riot
2917.03 Riot (*exception: this can be expunged if it is only a first degree misdemeanor)
2917.31 Inducing panic (*exception: this can be expunged if it is only a first degree misdemeanor)
2919.22 Endangering children (*Division (B)(1), (2), (3), or (4))
2919.25 Domestic violence (*exception: this can be expunged if it is only a fourth degree misdemeanor)
2921.03 Intimidation
2921.04 Intimidation of attorney, victim or witness in criminal case
2921.34 Escape
2923.161 Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function
4510.14 Driving under OVI suspension
4511.19 Operating vehicle under the influence of alcohol or drugs – OVI.
4511.251 Street racing.
4517.19 Motor vehicle wholesaler – prohibited acts.
4549.02 Stopping after accident on public roads or highways.
4549.021 Stopping after accident on other than public roads or highways.
4549.03 Stopping after accident involving damage to realty or personal property attached to real property.
4549.042 Sale or possession of master key designed to fit more than one motor vehicle. 4549.62 Offenses with purpose to conceal or destroy identity.