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Posted on: January 18, 2023 | by: admin
Are convictions for Misdemeanor 4th Degree Domestic Violence (DV M4) or Violation of Protection Order (VPO) eligible for sealing and expungement in Ohio?
YES, but not for much longer! New changes to Ohio Law (OH SB288 – Senate Bill 288) taking effect in April 2023 eliminate these two charges from being sealed after April 3, 2023. If you want to seal a conviction for a DV M4 or a VPO, your chance to have these records sealed are going once… going twice… and gone forever after April 3, 2023.
Ohio Record Sealing Law (commonly referred to as Expungement) has historically permitted convictions for Misdemeanor 4th degree Domestic Violence, and convictions for Violation of Protection Order, to be sealed and expunged, with a few exceptions. This has helped many people move on with their lives because these convictions are particularly damaging to a person’s reputation, ability to obtain a job, and many other opportunities.
However, under the New Expungement and Sealing Law taking effect in April 2023 (Senate Bill 288), these two convictions will no longer be eligible for expungement or sealing. Although Senate Bill 288 does expand some provisions of Ohio’s expungement and sealing law, this is not true for people with a conviction of DV M4 or a VPO. The option to have these criminal records sealed from public view will no longer exist after SB 288 goes into effect. After SB 288 becomes effective, convictions for these charges shall forever remain on the public records, viewable to anyone with a click of a mouse.
If you have a conviction of either of these offenses, and you have been considering having the record of the conviction sealed, it is literally, “Now or Never.” Application to Seal these convictions must be filed before the effective date of SB 288, April 3 rd, 2023. Based upon Ohio case law, the law in effect at the time an Application to Seal Record is filed with the court, shall be the law that applies to the case. This means if a case to seal/expunge Records of Domestic Violence M4 or Violation of Protection Order is filed under the current law, before the new law goes into effect in April 2023, then the case will be eligible under the laws as they existed prior to the new law of SB 288. These are difficult cases and prosecutors typically object to these charges. It is highly recommended a person have an experienced expungement attorney represent them.
We have over 30 years of success stories in obtaining expungements for our clients. Expungement and Sealing of a record is an excellent way for you to put an old mistake behind you. Our law firm has been in business since 1988. Let us put our experience to work for you. For a confidential free expungement consultation, contact us today.
