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Having a criminal record can have severe consequences. It could keep you from getting a job or receiving a promotion, it could be embarrassing to have what is likely the worst mistake you have made as public record. Whatever the reason, there is the potential to have that criminal record removed expunged from public record as if it never occurred.
In Ohio, what is generally known as expungement is called “sealing of a conviction.” Recently, Ohio’s legislature passed a bill making more previous offenders eligible to have their convictions sealed.
In order to have your record sealed, one must be an “eligible offender” under Ohio’s Revised Code Section 2953.31. There are two categories of eligible offenders, each with different requirements:
Having a criminal record can have severe consequences. It could keep you from getting a job or receiving a promotion, it could be embarrassing to have what is likely the worst mistake you have made as public record. Whatever the reason, there is the potential to have that criminal record removed expunged from public record as if it never occurred.
In Ohio, what is generally known as expungement is called “sealing of a conviction.” Recently, Ohio’s legislature passed a bill making more previous offenders eligible to have their convictions sealed.
In order to have your record sealed, one must be an “eligible offender” under Ohio’s Revised Code Section 2953.31. There are two categories of eligible offenders, each with different requirements:
There are two categories of eligible offenders, each with different requirements:
| Group A | Group B |
|---|---|
| * Not More than 5 Felonies. * All offenses felony 4 or 5, or misdemeanor * No offense of violence * No felony sex offense | * Not eligible under Group A *Not more than 1 felony conviction, two misdemeanor convictions, or 1 felony and one misdemeanor convictions * multiple convictions resulting from the same act could be considered one conviction |
However, there are certain offenses that cannot be expunged. See O.R.C. § 2953.36.
An eligible offender is allowed to apply for sealing a conviction:
Final discharge occurs after the completion of all requirements of a sentence, including community control, commonly known as probation or parole.
If you believe you qualify as an eligible offender and have waited the required time after discharge, contact an experienced criminal defense attorney today to start the application process.
This recent legislation allows more felony and misdemeanor convictions to be expunged than ever before. Even further, 2019 House Bill 1 is currently pending, and its passage would make even more people with criminal records eligible for expungement. 2019 House Bill 1 could also shorten the time needed before being able to apply to seal a conviction. Each case is fact specific, which is why consulting a competent attorney is important.
Criminal defense attorney Steven L. Spitler of the Spitler Huffman LLP. law firm has 23 years’ experience in the area of criminal defense including record expungement of felony and misdemeanor offenses. Located in Bowling Green, Wood County Ohio, Steven L. Spitler is a premier attorney serving clients across Northwest Ohio.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict similar results in any similar or future case.