“Sex Offenses” and Ohio Expungement and Sealing of Criminal Records

The Impact of Sex Offenses Under Ohio’s New Expungement and Sealing Law

 (Senate Bill 66 – effective October 29^th, 2018)

On Octobers 29^th, 2018, major changes occurred with the Ohio Expungement and Record Sealing Statute when Senate Bill 66 took affect.  Under the statue most “Sex Offenses” are not eligible for expungement, but there are exceptions for certain offenses.  In another section of the new statue, if a person has any conviction for a “Felony Sex Offense” in their record, it will limit the number of other eligible convictions they will able to seal and expunge.  (The terms “Sealing of Records” and “Expungement” refer to the same legal process in Ohio.)

Ohio Revised Code 2953.36 identifies certain sex offenses that are not eligible for expungement:

• Rape § 2907.02
• Sexual battery § 2907.03
• Unlawful sexual conduct with minor § 2907.04
• Gross sexual imposition § 2907.05
• Sexual imposition § 2907.06
• Pandering obscenity involving a minor § 2907.321
• Pandering sexually oriented matter involving a minor § 2907.322
• Illegal use of minor in nudity-oriented material or performance § 2907.323

Convictions for Sex Offenses that are also considered “Offenses of Violence” (such as rape, sexual battery, or gross sexual imposition,) that are a 1^st degree misdemeanor or Felony offenses are also precluded from and expungement.

The following Sex Offense crimes that are committed against a victim under the age of 18 are not eligible for expungement:

• Voyeurism § 2907.08
• Public indecency § 2907.09
• Compelling prostitution § 2907.21
• Promoting prostitution § 2907.22
• Enticement or solicitation to patronize a prostitute; procurement of a prostitute for another § 2907.23
• Disseminating matter harmful to juveniles § 2907.31
• Pandering obscenity § 2907.32
• Deception to obtain matter harmful to juveniles § 2907.33

Any Sex Offenses committed against a victim who is under the age of 16, when the offense is a misdemeanor of the first degree or a felony, are not eligible for sealing or expungement.

Felony Sex Offenses” Affect the Number of Convictions That Can Be Sealed in Ohio

Section 2953.31(1)(a) is a new section to Ohio Expungement Law that permits up to five (5) felony convictions and an unlimited number of misdemeanor convictions to be expunged and sealed if a person meets certain qualifications under the statute.  However, if a person has any Felony Sex Offenses in their history, they are not eligible for expungement under this section of the law.  However, the same person may still be an eligible to seal up to two (2) offenses under a different section of the statute – 2953.31(1)(b).  For example, when a person has a sex offense that is precluded from expungement under this section, and they have a conviction from a different case that is an eligible offense, they may still expunge the other eligible offense.

As a result, if a person is interested in pursuing an expungement and sealing of a record, and they have been convicted of a Sex Offense in the past, it is important they know whether they were convicted of a Felony Sex Offense or Misdemeanor Sex Offense.  If they were not convicted of a Felony Sex Offense, then that person may be eligible to seek expungement of up-to five (5) felonies and an unlimited number of misdemeanor convictions.

Below is a complete list of “Sex Offenses” as defined by Ohio law.  The offenses are identified as either: Felony offenses; Misdemeanor offenses; or Felony and Misdemeanor (“Fel & Misd”) when that offense can be charged as both.

Sex Offenses – Ohio Revised Code 2907

• Misdemeanor   Section 2907.40 – Illegally operating sexually oriented business
• Misdemeanor   Section 2907.39 – Permitting juvenile on premises of adult entertainment establishment – use of false information to gain entry
• Misdemeanor   Section 2907.38 – Permitting unlawful operation of viewing booths depicting sexual conduct
• Felony                  Section 2907.34 – Compelling acceptance of objectionable materials
• Misdemeanor   Section 2907.33 – Deception to obtain matter harmful to juveniles
• Felony                  Section 2907.323 – Illegal use of minor in nudity-oriented material or performance
• Felony                  Section 2907.322 – Pandering sexually oriented matter involving a minor
• Felony                  Section 2907.321 – Pandering obscenity involving a minor
• Felony                  Section 2907.32 – Pandering obscenity
• Misdemeanor   Section 2907.311 – Displaying matter harmful to juveniles
• Misd & Fel           Section 2907.31 – Disseminating matter harmful to juveniles
• Misd & Fel           Section 2907.25 – Prostitution – after positive HIV test
• Misd & Fel           Section 2907.241 – Loitering to engage in solicitation – solicitation after positive HIV test
• Misd & Fel           Section 2907.24 – Soliciting – after positive HIV test
• Misd & Fel           Section 2907.23 – Enticement or solicitation to patronize a prostitute; procurement of a prostitute for another
• Felony                  Section 2907.22 – Promoting prostitution
• Felony                  Section 2907.21 – Compelling prostitution
• Felony                  Section 2907.19 – Commercial sexual exploitation of a minor
• Misd & Fel           Code Section 2907.09 – Public indecency
• Misd & Fel           Code Section 2907.08 – Voyeurism
• Misd & Fel           Code Section 2907.07 – Importuning
• Misd                      Code Section 2907.06 – Sexual imposition
• Felony                  Code Section 2907.05 – Gross sexual imposition
• Felony                  Code Section 2907.04 – Unlawful sexual conduct with minor
• Felony                  Code Section 2907.03 – Sexual battery
• Felony                  Code Section 2907.02 – Rape

 

Exceptions to Sex Offenses that are Eligible for Expungement:

• Convictions of Importuning (2907.07) that occurred before October 10, 2007.
• Convictions of offenses below that occurred before October 10, 2007, when the victim of the offense was under eighteen years of age:
  • 2907.08 – Voyeurism
  • 2907.09 – Public indecency
  • 2907.21 – Compelling prostitution
  • 2907.22 – Promoting prostitution
  • 2907.23 – Enticement or solicitation to patronize a prostitute; procurement of a prostitute for another
  • 2907.31 – Disseminating matter harmful to juveniles
  • 2907.311-Displaying matter harmful to juveniles
  • 2907.32 – Pandering obscenity
  • 2907.33 – Deception to obtain matter harmful to juveniles

Ohio Sealing of Records / Expungement Attorney

We handle expungement and record sealing in all 88 counties of Ohio.  As a trusted law firm since 1988, trial attorneys, and former prosecutors, we have the experience to have your criminal record sealed.  Contact our Ohio law firm for a confidential and free consultation.