Can you expunge more than one criminal conviction?

“Expungement” of a record means “the removal of a conviction from a person’s criminal record.” “Sealing” of records means “the act or practice of officially preventing access to particular criminal records, in the absence of a court order.” (Black’s Law Dictionary) Under Ohio law, expungement and sealing criminal records are consolidated into one legal proceeding. Therefore, in Ohio, an expungement of criminal record action will also result in the sealing of the criminal record.

Many people mistakenly believe that they can expunge their entire criminal history. However, in most cases, only one criminal conviction can be expunged. There are a few exceptions in which one can have multiple criminal convictions expunged when those convictions arise out of related conduct.

Under Ohio expungement law, only a “first offender” may apply to the Court to have their criminal record expunged. This means that one can not have prior convictions or subsequent convictions to the conviction to which they seek to have expunged. However, if you were convicted of two or more crimes arising from the same criminal indictment, or two or more convictions resulting from the same plea of guilty, you may be considered a “first offender” for purposes of expungement. For instance, if you were arrested and charged with multiple offenses and later plead or were found guilty, you may be considered a “first offender” for purposes of expungement, even though you were technically convicted of two or three criminal offenses. (O.R.C. 2953.31)

This provision of the Ohio Revised Code does not extend to individuals who were charged or convicted of crimes that were committed months or years apart. If one is attempting to expunge and seal more than one conviction, Ohio courts have held that the convictions must be related to the same conduct or series of events.

Often, I am presented with the question of whether or not an individual can receive an expungement for a crime committed at the same time traffic law violation occurred. While most traffic violations will have no affect on one’s expungement of their criminal record, if you receive a serious traffic law violation, such as Drunk Driving (DUI or OVI), Hit-Skip, or Drag Racing conviction at the same time you received a criminal charge, you would not be eligible for a criminal expungement. Due to the complexities of these matters, an expungement attorney should be consulted to determine if all or part of your record can be expunged, if you have traffic charges that occurred at the same time as criminal charges.

If you feel you may be eligible for an expungement, even if you have two or three criminal convictions, do not hesitate to contact me for a free consultation today! We understand that everyone makes mistakes. We can help you get a second chance. www.ohioexpungementlaw.com