Convictions NOT Eligible For Expungement in Ohio
While the Ohio state legislature has drastically expanded the eligibility requirements for sealing a criminal record in the last few years, there is a list of disqualifying convictions not eligible for expungement in Ohio. As you research your options for expungement, you need to know the non-starters that will immediately disqualify you for consideration. So regardless of the circumstances of your case, the fact that the case is dismissed, and you’ve paid all restitution, in the eyes of the courts, your record will stand under current Ohio law.
Mandatory jail time
Any conviction that carries mandatory jail time is excluded from list of eligible offenses. A sentence with mandatory jail time sentence is a conviction established by law that provides the judge no discretion to change the punishment.
First and Second Degree Felonies
Ohio Revised Code Section 2953.36 also states that an individual who was convicted of any first or second degree felony is not eligible for an expungement. These are ‘show-stopper’ convictions that are typically more serious in nature and currently cannot be expunged.
Violent crimes excluded
Also excluded by O.R.C. Section 2953.36 are any of the following convictions:
- Rape
- Sexual Battery
- Corruption of a Minor
- Gross Sexual Imposition
- Sexual Imposition
- Obscenity Involving a Minor
- Pornography Involving a Minor
- Illegal Use of a Minor in Pornography
- Felonious Sexual Penetration
- Voyeurism
- DUI/OVI*
Certain convictions involving minors
Additionally, the Ohio Revised Code has been amended and passed over the years to preclude additional felony convictions and misdemeanor convictions, where there was a victim under the age of 18, including:
- Voyeurism
- Public Indecency
- Compelling Prostitution
- Promoting Prostitution
- Procuring
- Disseminating Matter Harmful to Juveniles
- Displaying Matter Harmful to Juveniles
- Pandering Obscenity
- Deception to Obtain Matter harmful to Juveniles
(An exception to this rule is failure to pay child support which is now eligible for expungement. S.B 337 September 2012)
What’s next?
Unfortunately, if you have been convicted of one of these felonies or misdemeanors, you are not be eligible to have those records sealed in Ohio. However, there are a few options you can pursue if you are ineligible for expungement.
Lastly, be aware of other firms that advertise expungement for these types of convictions, specifically *DUI/OVI. While there is hope for a dismissed traffic charge, including DUI/OVI, a final conviction for either charge cannot be expunged. The legal code is very clear and without a change to the law, any pursuit of an expungement will result in unnecessary legal fees and dashed hopes.
