Crimes Not Eligible for Expungement in Ohio
In general, there are three convictions than cannot be expunged or sealed from a juvenile record. The three convictions that are part of a lifelong record include rape, murder, and aggravated murder. In addition, if you were convicted of a crime for which you were required to serve mandatory jail time, regardless of the crime, this conviction cannot be expunged.
First- or second-degree felonies cannot be expunged from the record. Ohio Revised Code, Section 2953.36 lists and references other convictions that cannot be expunged. Violent crimes with first-degree misdemeanor or felony charges cannot be expunged, with the exception of first-degree misdemeanor convictions for inciting to violence (ORC 2917.01), assault (ORC 2903.13), riot (ORC 2917.03), or inducing panic (ORC 2917.31).
Rape, sexual batter, corrupting a minor, gross sexual imposition, sexual imposition, obscenity involving a minor, pornography involving a minor, illegal use of a minor in pornography, and felonious sexual penetration are all convictions that cannot be expunged. In addition when the victim of the offense was under eighteen years of age, these following crimes are also ineligible for expungement: importuning (inducing a minor to a sexual act) voyeurism, public indecency, compelling prostitution, promoting prostitution, procuring, disseminating matter harmful to juveniles, displaying matter harmful to juveniles, pandering obscenity, or deception to obtain matter harmful to juveniles.
Convictions under Ohio’s Driver’s License Law, Driver’s License Suspension, Cancellation, Revocation, Traffic Laws – Operation of a Motor Vehicle, or Motor Vehicle Crimes, or violations of similar municipal ordinances qualify for an expungement. But traffic case bail forfeitures cannot be expunged.
If you have no more than one felony conviction or no more than one felony conviction and one misdemeanor conviction in Ohio or any other jurisdiction you may have your record expunged.
The court can expunge records five years after they are sealed or when you turn 23, whichever comes first. However, it is important to be aware that the court may require you to apply to have records expunged, and will consider expunging those records if you can satisfy the court that you are rehabilitated and as long as the prosecuting attorney has no objections. If there are objections, a hearing may be scheduled. The effect of expunging the record is that the record no longer exists.
Need an Expungement Attorney in Columbus, Ohio?
The mistakes you made when you were younger can provide opportunities for learning valuable, lifelong lessons. But for the sake of your future it is important that you take the steps needed to be sure the record is expunged. The skilled, trusted legal representation at Probst Law Office offers the help you need to be sure mistakes don’t follow you the rest of your life. Get the skill and experience that you need and deserve when you hire Michael Probst as your attorney. Contact Michael today for your free consultation, or call now at 614-349-4196.