Ohio Expungement Services
Expungement of a Simple Assault Conviction in Ohio
A simple assault conviction is considered an offense of violence, but an ordinary misdemeanor assault conviction may still qualify for record sealing or expungement under Ohio law. The exact charge, degree of offense, victim involved, and the rest of your criminal record can all affect eligibility.
Can a Simple Assault Conviction Be Expunged in Ohio?
In many cases, yes. An ordinary misdemeanor assault conviction under Ohio Revised Code 2903.13 may be eligible for sealing or expungement. This is an important exception because Ohio law generally restricts relief for offenses classified as crimes of violence.
The word “assault” alone does not determine eligibility. Ohio has several assault-related offenses, and they are not treated the same way. Simple assault is generally a misdemeanor, while aggravated assault and felonious assault are felony offenses that present very different eligibility questions.
Eligibility can also change when the offense was elevated because of the identity or occupation of the alleged victim. Before filing, the exact statute, offense level, sentencing entry, and complete criminal record should be reviewed.
Find Out Whether Your Assault Conviction May Qualify
Start with our confidential eligibility test so our office can review the exact charge, the final offense level, and the rest of your criminal record.
What Is Considered Simple Assault in Ohio?
Ohio’s assault statute generally prohibits knowingly causing or attempting to cause physical harm to another person or another person’s unborn child. It also prohibits recklessly causing serious physical harm to another person or another person’s unborn child.
Except when one of the statute’s enhanced-offense provisions applies, assault under O.R.C. 2903.13 is generally a misdemeanor of the first degree.
A first-degree misdemeanor can carry serious consequences. Even after the sentence is complete, the conviction may remain visible on criminal background checks and affect employment, professional licensing, education, housing, volunteer opportunities, and other parts of a person’s life.
Simple Assault Is Not the Same as Every Assault Charge
Ohio law recognizes several assault offenses. Correctly identifying the statute and degree of the final conviction is one of the first steps in determining whether the record may be cleared.
Simple Assault
Simple assault is generally charged under O.R.C. 2903.13. In its ordinary form, it is typically a misdemeanor of the first degree and may qualify for sealing or expungement.
Aggravated or Felonious Assault
Aggravated assault and felonious assault are felony offenses. They are not treated the same as ordinary misdemeanor assault and must be reviewed under different eligibility rules.
When an Assault Conviction Requires Additional Review
Not every conviction labeled “assault” is an ordinary first-degree misdemeanor. Ohio law can elevate an assault charge based on the circumstances of the offense or the identity of the person against whom the offense was committed.
Additional review is particularly important when:
- The final conviction was a felony.
- The assault charge was enhanced because of the alleged victim.
- Multiple charges arose from the same incident.
- The applicant has other violent or felony convictions.
- A prior application involving the conviction was denied.
- There are pending criminal charges or incomplete court requirements.
These circumstances do not all produce the same result. They do, however, make it especially important to review the judgment entry and complete court record before filing.
Why Misdemeanor Assault Eligibility Has Caused Confusion
Assault is included within Ohio’s definition of an offense of violence. Because many violent offenses cannot be sealed or expunged, applicants and even some courts have incorrectly assumed that every assault conviction is automatically excluded.
Ordinary misdemeanor assault is treated differently. Ohio’s record-sealing laws have historically included a specific exception for qualifying misdemeanor assault convictions.
Ohio appellate decisions have also recognized that a court should not deny an application merely because a misdemeanor assault conviction is categorized as an offense of violence. In Euclid v. El-Zant, the appellate court reversed a trial court decision that had applied the violent-offense exclusion too broadly.
What Can Affect Eligibility for Assault Expungement?
A potentially qualifying offense does not guarantee that the court will grant the application. The court must evaluate the conviction, the applicant’s criminal history, the completion of the case, and any objections raised by the prosecutor.
- The conviction is ordinary misdemeanor assault.
- The offense was not elevated to a felony.
- Probation and all court requirements are complete.
- Fines, costs, and restitution have been addressed.
- The applicable waiting period has passed.
- No criminal proceedings are currently pending.
- Other convictions do not create an eligibility problem.
- The applicant can demonstrate rehabilitation and a need for relief.
The court may also weigh the applicant’s interest in clearing the record against any legitimate governmental need to keep the record publicly available.
Waiting Period for a Misdemeanor Assault Conviction
For a misdemeanor conviction, the filing period generally begins after the case has been fully completed. This is commonly referred to as termination of the case or final discharge.
Completing a jail sentence alone may not start the clock. The applicant may also need to finish probation or community control, pay fines and court costs, complete treatment or counseling, pay restitution, and satisfy every other requirement imposed by the court.
The docket and sentencing records should be reviewed to determine the actual termination date. Filing too early can result in delay or denial.
Learn more about Ohio’s expungement waiting periods and the expungement application process.
Not Sure When Your Waiting Period Began?
Our office can review the court record, final disposition, and completion date as part of your eligibility assessment.
How an Assault Record-Sealing Case Works
1. Review the complete criminal record
Confirm the statute, offense level, sentencing entry, termination date, related charges, prior convictions, and any pending cases.
2. Determine which form of relief applies
Ohio law distinguishes between sealing and expungement. The correct application and statutory section depend on the conviction and the relief currently available.
3. File in the court that handled the conviction
The application is ordinarily filed with the sentencing court. Filing requirements, costs, supporting documents, and local procedures can vary.
4. Prepare for the prosecutor’s review and court hearing
The prosecutor may object, and the court may schedule a hearing. The applicant should be prepared to explain rehabilitation, current circumstances, and the reasons the record should be cleared.
5. Obtain the court’s decision
If relief is granted, the court issues an order directing the applicable agencies and record holders to seal or expunge the qualifying record.
Why Assault Expungement Cases Need Careful Preparation
Assault cases can involve more legal complexity than an ordinary nonviolent misdemeanor. The applicant may need to establish that the final conviction falls within the misdemeanor-assault exception, distinguish it from an enhanced or felony offense, and respond to concerns raised by the prosecutor or court.
A prior denial does not necessarily mean the conviction can never be cleared. The reason for the denial, the law applied by the court, the applicant’s current eligibility, and any changes in Ohio law should all be reviewed.
Ohio Expungement Law is a division of Palmer Legal Defense, LPA. Our attorneys represent clients in record-sealing and expungement matters throughout all 88 Ohio counties.
Simple Assault Expungement FAQs
Can a misdemeanor assault conviction be expunged in Ohio?
In many cases, yes. Ordinary misdemeanor assault under O.R.C. 2903.13 may qualify for sealing or expungement even though assault is categorized as an offense of violence. Eligibility depends on the exact conviction, offense level, criminal history, completion of the sentence, waiting period, and other statutory requirements.
Is assault automatically ineligible because it is an offense of violence?
No. Ohio law generally restricts the sealing or expungement of violent offenses, but qualifying misdemeanor assault has been treated as an exception. The court must still determine that the applicant satisfies all other eligibility requirements.
Are aggravated assault and felonious assault also eligible?
Aggravated assault and felonious assault are felony offenses and are not treated the same as ordinary misdemeanor assault. Eligibility depends on the specific statute, degree of the felony, date of conviction, complete criminal history, and the section of Ohio law under which relief is requested.
What if my assault charge was enhanced because of the victim?
An enhanced assault conviction requires closer review. Ohio law can increase the degree or potential penalty when the offense involves certain victims or circumstances. The judgment entry and statute of conviction should be reviewed before an application is filed.
How long must I wait to seal a misdemeanor assault conviction?
The applicable filing period generally begins after the case has been completely terminated or the applicant has received final discharge. This ordinarily means completing probation, paying fines, costs, and restitution, and satisfying every other court-ordered requirement.
Can I apply if I have other convictions?
Possibly. Other misdemeanor or felony convictions can affect which section of Ohio law applies and whether the assault conviction remains eligible. A complete criminal-record review is necessary because the number, degree, and type of other convictions all matter.
What if a court previously denied my assault expungement?
A previous denial should be reviewed carefully. Some applications have been denied because the violent-offense restriction was applied too broadly, while others were denied because the applicant had not met a separate eligibility requirement.
Will sealing an assault conviction remove it from background checks?
A granted sealing or expungement order generally removes the qualifying record from ordinary public court and commercial background searches. Certain government agencies and other authorized entities may retain limited access when permitted by Ohio law.
Can Ohio Expungement Law handle my case outside Columbus?
Yes. Ohio Expungement Law represents clients in record-sealing and expungement matters throughout all 88 Ohio counties. The application is filed in the court that handled the underlying criminal case.
Find Out Whether Your Ohio Assault Conviction May Qualify
Complete our confidential eligibility test so our office can review the exact assault conviction, your waiting period, and the rest of your criminal record.