Learn How to Expunge Your Record
We often receive phone calls from people who have conducted their own research and are confused as to what convictions can, or can not be, expunged. Pursuant to the Ohio Revised Code, and decisions from Ohio courts applying the expungement statute, several exclusions exist which may disqualify an individual from an expungement and sealing of their record.
For instance, if one was subject to mandatory jail time regardless of what type of crime they committed, they are not eligible for an expungement. The first question one may ask when reviewing this language is what is a mandatory jail sentence? A mandatory sentence is a sentence established by law that provides the judge no discretion to change the punishment. It is not unusual for a person to confuse a mandatory sentence with that of a suspended sentence or deferred sentence. A suspended or deferred sentence are sentences postponed by the court so that the Defendant is not required to serve time, provided that the defendant does not violates an order of the court, or requires the Defendant to meet certain requirements to avoid the sentence.
Under the Ohio Expungement Statute, felonies in the first or second degree are not eligible for expungement. Also precluded from being expunged are “convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age when the offense is a misdemeanor of the first degree or a felony” (O.R.C. Section 2953.36). Crimes of violence, when the offense is a misdemeanor of the first degree or a felony are not able to be expunged, with the exception of first degree misdemeanor convictions for violations of O.R.C. 2917.03 (riot), O.R.C. 2903.13 (assault), O.R.C. 2917.01 (inciting to violence), or 2917.31 (inducing panic).
As with an application for expungement for felony or misdemeanor conviction, an application for expungement of a minor misdemeanor charge must be set for a hearing before the court. The Ohio Expungement Statute, O.R.C. 2953.32, requires a hearing, and each application for expungement is required to be set for hearing before the court. In many cases, we are able to appear for our clients so that they do not have to appear. An expungement of a criminal case has many benefits, but perhaps the most valuable, is to be able in most cases to state that you have no conviction when asked by your employer or a potential employer.
For a more complete list of specific offenses that cannot be expunged under Ohio law, review our List of Records That Can Not Be Expunged and Sealed. and learn what options you have if you are not eligible for expungement in Ohio.”
The purpose of the Expungement Statute in the Ohio Revised Code is to provide an opportunity to a person with a criminal record, and who has been rehabilitated into society, a second chance. Contact our law firm today for a free consultation to determine if an expungement can give you a fresh start.