Ohio Expungement Law Has Been Expanded
Ohio has instituted expansions to its expungement law which took effect October 19th of this year (2018). The additions allow for a person with up to five F4/F5 felonies and/or unlimited misdemeanors to be eligible for consideration of Expungement of their record. Ammendments to ORC § 2953.32 allow for anyone with non-violent, non-sexual misdemeanors and/or felonies up to the grade of F4 or F5 to be reviewed to have their records to be sealed by a court in the state of Ohio.
Individuals who weren't qualifying before, might be able to have records sealed.
Important To Note For Expungement
- Misdemeanors require a one year waiting period
- One F4/F5 Felony requires a three-year waiting period
- Two F4/F5 Felonies require a four-year waiting period
- Three to Five F4/F5 Felonies require a five-year waiting period
Ohio Expungement Law - Who Does NOT Qualify?
The new laws for Ohio expungement will not apply to anyone with a conviction of a F3 felony or higher. Additionally, the new Ohio expungement eligibility does not cover those with a conviction which includes a sexual or violent offense.
Who is eligible for an expungement under new Ohio Expungement Law?
All of the conditions described in Section 2953 of the Ohio Revised Code must be met in order to be eligible for expungement in Ohio. Some of these include (as outlined on mishaklaw.com/new-expanded-expungement-law-ohio:
- The conviction you are trying to expunge is not one of the crimes precluded by law.
- You were not subject to a mandatory prison term for the conviction. (If you were sentenced to prison time, but you were eligible for community control/probation, you would still qualify.)
- You have any of the following convictions or combination of convictions: one misdemeanor; or one felony; two misdemeanor convictions; or one misdemeanor conviction and one felony conviction. (A series of 2 or 3 convictions out of the same case shall be considered one conviction under the expungement statute.) (Minor misdemeanors including most traffic offenses do not count as a conviction.)
- The statutory waiting period has passed for the conviction you seek to expunge
- You have no current or criminal charges pending against you
For more information on the new Ohio expungment law, see mishaklaw.com/new-expanded-expungement-law-ohio