Ohio Expungement Services
Expungement of Passing Bad Check Charges in Ohio
A passing bad checks or check fraud conviction can affect employment, professional licensing, housing, financing, and other opportunities long after the case is closed. Depending on the amount involved, the conviction may be a misdemeanor or felony and may qualify for record sealing or expungement under Ohio law.
Understanding Eligibility
Can a Passing Bad Checks Conviction Be Expunged in Ohio?
In many cases, yes. Passing bad checks is generally considered a nonviolent theft-related offense. A misdemeanor conviction and certain lower-level felony convictions may qualify for record sealing or expungement when the applicant satisfies Ohio’s eligibility requirements.
Eligibility depends on more than the name of the charge. The court must review the degree of the conviction, the amount involved, the number of convictions, whether restitution and other sentence requirements were completed, the applicable waiting period, and whether any criminal proceedings remain pending.
More serious convictions require additional review. A passing bad checks offense may range from a first-degree misdemeanor to a third-degree felony depending on the value of the checks or electronic transactions involved.
Find Out Whether Your Bad Check Conviction May Qualify
Complete our confidential eligibility test so our office can review the exact charge, degree of offense, final discharge date, and the rest of your criminal record.
O.R.C. 2913.11
What Is Passing Bad Checks Under Ohio Law?
Ohio law generally prohibits issuing or transferring a check or other negotiable instrument with the purpose to defraud while knowing that it will be dishonored or that payment has been or will be stopped.
The law is broader than traditional paper checks. It can also apply to electronic checks, electronic transactions, debit-card transactions, check-card transactions, substitute checks, web checks, and automated clearing house transactions connected to a demand deposit account.
A conviction under this statute can nevertheless carry a lasting implication of dishonesty or breach of trust. That can make the public record especially damaging during employment, licensing, housing, loan, and background-screening decisions.
Misdemeanor and Felony Charges
When Is Passing Bad Checks a Felony in Ohio?
The degree of the offense generally depends on the amount involved and, at the lower felony threshold, whether the checks or instruments were issued to one person or to multiple people.
First-Degree Misdemeanor
Passing bad checks is ordinarily a misdemeanor of the first degree when none of the felony-value thresholds applies.
Fifth-Degree Felony
A fifth-degree felony may apply when checks issued to one vendor or person total at least $1,000 but less than $7,500, or when checks issued to multiple vendors or people total at least $1,500 but less than $7,500.
Fourth-Degree Felony
A fourth-degree felony may apply when the total amount is at least $7,500 but less than $150,000.
Third-Degree Felony
A third-degree felony may apply when the total amount is $150,000 or more.
Ohio law may permit checks or instruments issued within a period of 180 consecutive days to be aggregated when determining the value involved.
The Effect of a Public Record
Why a Check Fraud Conviction Can Be Especially Harmful
Passing bad checks is commonly viewed as a dishonesty or breach-of-trust offense. Even when the conduct happened years ago, an employer, licensing board, landlord, lender, or business may see the conviction and question the applicant’s reliability or financial judgment.
- Employment and promotion decisions
- Jobs involving money or financial records
- Professional and occupational licensing
- Housing and rental applications
- Educational opportunities
- Business relationships
- Volunteer positions involving trust
- Commercial background checks
Sealing a qualifying record generally removes it from ordinary public access and most standard background searches. Expungement provides broader destruction of eligible records, although Ohio law recognizes limited exceptions and authorized access in certain circumstances.
Case Review
What Can Affect Eligibility for a Bad Check Expungement?
A passing bad checks conviction is not automatically eligible merely because it is nonviolent. The complete record and disposition must be reviewed before an application is filed.
- The degree of the final conviction
- The number and type of other convictions
- Whether multiple cases or courts were involved
- Whether restitution has been fully addressed
- Whether probation or community control is complete
- Whether the applicable waiting period has passed
- Whether any criminal charges remain pending
- Whether the offense included a mandatory prison term
- Whether related charges arose from the same conduct
- Whether the prosecutor is likely to object
A third-degree felony conviction requires particularly careful review because Ohio law imposes additional restrictions based on the applicant’s other felony and misdemeanor convictions.
Completing the Case
Restitution and Final Discharge
Passing bad check cases frequently include an order to repay the person or business that suffered the financial loss. Restitution can therefore be central to determining when the criminal case has been fully completed.
The filing period generally does not begin merely because a person is no longer appearing in court. The applicant may need to complete every component of the sentence, including probation, jail, community control, restitution, fines, treatment, or other court-ordered requirements.
Filing before final discharge or before the statutory waiting period has expired can cause an application to be denied or delayed.
Complex Records
What If There Are Multiple Bad Check Convictions?
Passing bad check cases sometimes involve multiple checks, several victims, different criminal cases, or convictions in more than one Ohio court. That does not necessarily mean the person is ineligible, but it can make the analysis and filing process more complicated.
The records must be reviewed to determine whether the charges were connected, how the convictions are counted under Ohio law, which court has authority over each case, and whether separate applications are required.
Ohio law also contains special rules when two or more charges arose from the same act. In some situations, the disposition of a related charge can affect whether the other records from that case may be sealed or expunged.
Experienced Representation
Experience With Multiple Check Fraud Convictions
Ohio Expungement Law has represented clients with combinations of misdemeanor and felony passing bad check convictions, including cases filed in different Ohio courts.
These matters can draw objections from prosecutors, particularly when the record includes several convictions. A successful presentation may require more than establishing statutory eligibility. The applicant should also be prepared to demonstrate rehabilitation, responsibility, stability, and the practical need to clear the public record.
Our office can review the court records, determine the applicable statutory path, prepare the filings, address prosecutorial objections, and present the application to the sentencing court.
The Filing Process
How a Passing Bad Checks Record-Sealing Case Works
Review Every Court Record
Confirm the statute, degree of offense, amount involved, sentencing entry, restitution status, final discharge date, related charges, and other convictions.
Determine the Available Form of Relief
Analyze whether the conviction may qualify for sealing, expungement, or another form of relief under the applicable section of Ohio law.
File With the Sentencing Court
Prepare and file the correct application, supporting documents, filing fee, and any additional material required by that court.
Address the Prosecutor’s Review
Respond to objections involving restitution, multiple convictions, rehabilitation, eligibility, or the government’s asserted need to retain the public record.
Present the Request to the Court
Explain why the applicant satisfies the law and why the interest in clearing the record outweighs any legitimate need to keep it publicly available.
Do Not Assume Your Conviction Is Ineligible
Ohio’s record-sealing and expungement laws have changed substantially. A misdemeanor, lower-level felony, multiple conviction, or previously denied case may deserve a fresh eligibility review.
Frequently Asked Questions
Passing Bad Checks Expungement FAQs
Can a Passing Bad Checks Conviction Be Expunged in Ohio?
It may be eligible. Eligibility depends on the degree of the conviction, complete criminal history, completion of restitution and other sentence requirements, final discharge date, waiting period, and whether any statutory exclusion applies.
Is Passing Bad Checks a Misdemeanor or Felony?
It can be either. The offense is ordinarily a first-degree misdemeanor, but it can become a fifth-, fourth-, or third-degree felony depending on the amount involved and, at the lower felony threshold, whether the checks were issued to one person or multiple people.
Does the Law Only Apply to Paper Checks?
No. Ohio’s statute also covers several forms of electronic payment, including electronic checks, debit-card transactions, check-card transactions, web checks, substitute checks, and automated clearing house transactions.
Can an Unpaid Check Automatically Result in a Criminal Conviction?
A dishonored check alone does not establish every element of the criminal offense. The statute addresses issuing or transferring a check with the required fraudulent purpose and knowledge that it will be dishonored or that payment will be stopped.
Must Restitution Be Paid Before I Apply?
Restitution and all other sentence requirements generally need to be completed before the case reaches final discharge and the applicable waiting period begins. The sentencing entry and court payment records should be reviewed.
Can Multiple Passing Bad Check Convictions Be Sealed?
Possibly. Multiple convictions require a complete review of the number and degree of offenses, whether they arose from connected conduct, whether different courts were involved, and which section of Ohio law applies.
Will a Sealed Check Fraud Conviction Appear on a Background Check?
A sealed conviction generally does not appear in ordinary public court searches or most standard commercial background checks. Certain government agencies, licensing bodies, law-enforcement entities, and authorized employers may have access when Ohio law permits it.
Can I Apply if the Conviction Was Previously Denied?
A previous denial does not always mean the record can never be cleared. The reason for the denial, current eligibility, completion of the sentence, criminal history, and any changes in Ohio law should be reviewed.
Can Ohio Expungement Law Handle Cases Throughout Ohio?
Yes. Ohio Expungement Law represents clients in record-sealing and expungement matters throughout all 88 Ohio counties. Applications are generally filed in the court that handled the underlying conviction.
Find Out Whether Your Bad Check Conviction May Qualify
Complete our free and confidential eligibility test so our office can review the offense level, restitution status, waiting period, and the rest of your criminal record.