Eligibility for Sealing Criminal Records
To have your conviction expunged in Ohio, you must qualify as an eligible offender. In order to qualify as an eligible offender, the offense itself must be eligible as a matter of law to be expunged. Certain offenses by themselves are not eligible to be expunged, such as most sex offenses, felony offenses of violence, and those offenses that carry mandatory prison time. Additionally, first and second degree felonies are not eligible to be expunged. Ohio Revised Code Section 2953.36 contains the list of convictions that cannot be expunged. Also, the application must be timely filed – 1 year after final termination of a misdemeanor offense and 3 years after final termination of a felony offense. Final termination means the end of any imposed term of probation.
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 to be expunged: 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 do qualify for an expungement. But traffic case bail forfeitures cannot be expunged.
If you have no more than one felony conviction; no more than two misdemeanor convictions; or no more than one felony conviction and one misdemeanor conviction in Ohio or any other jurisdiction you may have your record expunged, so long as all other criteria have been satisfied.
Be sure you have no other criminal or traffic hearings pending in court, otherwise you may not be eligible for expungement.
Do You Need a Columbus Criminal Defense Lawyer?
Expungement can be a very valuable investment in your future. For the sake of your future employment, housing, and even credit 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 614-656-4508.