“Am I eligible for an expungement?” As an expungement attorney, I am asked this question almost every day. Sometimes the answer is clear or it may require legal research before reaching a conclusion. Then there are cases where the statute is not clear and Ohio case law on expungement may be divided. Regardless, we can determine your eligibility for an expungement of a criminal charge. As a former prosecutor and now as an expungement attorney, I have over 20 years of experience of dealing with the expungement process in ohio.

Ohio Revised Code Section 2953.31 states that one must be a first offender in order to start the expungement process. A “first offender” as defined in O.R.C. Section 2953.31, means one who has been convicted of a crime in this state or any other state and has not subsequently or previously been convicted of the same or a different criminal conviction in this or any other jurisdiction. O.R.C. 2953.31 further states:

When two or more convictions result from or are connected with the same act or result from offenses committed at the same time, they shall be counted as one conviction. When two or three convictions result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, they shall be counted as one conviction, provided that a court may decide as provided in division (C)(1)(a) of section 2953.32 of the Revised Code that it is not in the public interest for the two or three convictions to be counted as one conviction.

Based upon this statute, you may have more than one criminal conviction, arising out of related offenses or as part of a series of offenses and still qualify for an expungement. If you question, whether you my be eligible based upon the definition of a first offender, we can advise you.

Although you may have only one conviction and no subsequent or previous criminal offenses, you still may not be considered a first time offender under Ohio expungement law. Under Ohio law, some traffic convictions will preclude an individual from being eligible for a criminal record expungement. These traffic offenses include, O.V.I. (formerly known as D.U.I., D.W.I., O.M.V.I.), Hit/Skip Accident, Drag Racing, and Driving under a Suspended License. Ohio Courts have allowed an exception to these convictions, allowing individuals who were subsequently or previously convicted of Driving under a Suspended License due to a FRA suspension (failure to maintain automobile insurance) to receive a record expungement of their criminal conviction. If you feel you may be eligible for an expungement under the language of O.R.C. 2953.31, contact us to speak with an expungement attorney and verify your eligibility today!