A criminal record can have a negative effect on an individual’s life, sometimes long after they’ve paid their dues to society. Such a record can hinder employment opportunities, limit housing options, and affect one’s reputation within the community. Recognizing this, the Ohio legislature has made provisions within the Ohio Revised Code Section 2953.32, which as of April 6, 2023, provides updated guidance for the sealing and expungement of criminal records. If you or someone you know wants to have their Ohio criminal record expunged, read on.
We at Rutan Law are dedicated to guiding you through the complexities of these legal remedies, with particular attention to eligibility and procedures. We are at the forefront of helping individuals get a second chance to rebuild their lives without being perpetually penalized for past transgressions.
Sealing vs Expunging Criminal Records: What is the Difference?
In the eyes of Ohio law, “sealing” a criminal record does not erase the crime as if it never occurred. Instead, it restricts access to the record from most employers, landlords, and the general public. Sealed records can still be viewed by law enforcement and some other government agencies, but they provide a level of privacy that assists individuals in moving forward with their lives.
On the other hand, “expungement” is often mistakenly used interchangeably with sealing, but it takes the concept of sealing one step further by destroying or returning the records; hence, the offense is treated as if it never happened. Under Ohio law, expungement is exceedingly rare and typically applies to juvenile records or cases of mistaken identity.
Both processes are pivotal in rehabilitating an individual’s public image, but they differ significantly in their legal implications and the degree of relief they offer.
What Offenses and Conditions Can Make Me Ineligible for Sealing or Expungement?
The eligibility for having your Ohio criminal record expunged or sealed is tightly regulated. Not all offenses are eligible for these remedies. Here is a list of the offense categories that typically cannot be expunged:
First and Second-Degree Felonies
Convictions for first or second-degree felonies are not eligible for expungement. These are considered serious crimes and can include offenses such as aggravated assault, manslaughter, and certain drug trafficking offenses.
Violent Crimes
Many violent crimes, regardless of the degree of felony, are ineligible for expungement. This can include murder and homicide offenses, voluntary and involuntary manslaughter, felonious assault, kidnapping, rape, robbery, and certain forms of arson.
Sexually Oriented Offenses
Sexually oriented offenses, particularly those that require the defendant to register as a sex offender, are excluded from expungement. Examples include rape, sexual battery, unlawful sexual conduct with a minor, certain types of voyeurism or public indecency, and importuning.
Offenses Involving Minors
Offenses in which the victim was a minor generally cannot be sealed, including but not limited to child pornography or illegal use of a minor in nudity-oriented material, corruption of a minor, child endangerment, and child enticement.
Certain Driving Under the Influence (DUI) Convictions
While some DUI convictions can be expunged, Ohio law places restrictions on the expungement of certain DUI offenses, particularly when they fall under state chapters that deal with traffic offenses.
Bail Forfeitures in Traffic Cases
A bail forfeiture that resulted from a traffic offense typically cannot be expunged.
Some Specific Crimes
There are other specific crimes listed in the Ohio Revised Code that are ineligible for expungement, including specific firearms violations, certain acts of terrorism, certain corruption offenses, and offenses committed by public officials that constitute an abuse of office
Who Qualifies as an Eligible Offender?
As defined under Section 2953.32(B)(1), eligible offenders are those who have either one or two misdemeanor convictions or one felony conviction. There’s an allowance for the sealing of records for two third-degree felony convictions, but the law is strict with anyone with more than two felony convictions.
Equally important are the conditions for eligibility. An individual must demonstrate rehabilitation and present a crime-free behavior post-conviction. This status is crucial, considering the potential objections from prosecutors or victims when an application for sealing is filed.
Determining one’s eligibility can be complex, requiring a thorough understanding of the law and often consultation with a trusted legal professional. Individuals need to be vigilant about their eligibility status, as the Ohio statutes meticulously lay out which offenses may be considered and which are categorically denied the possibility of such relief.
How Long Should I Wait for My Ohio Criminal Record to be Expunged or Sealed?
To have one’s Ohio criminal record expunged or sealed, it is important to understand the mandated waiting periods. These waiting periods serve as a test of sorts, demonstrating an individual’s commitment to a law-abiding life post-conviction. Under Ohio Revised Code Section 2953.32, the waiting periods vary based on the severity and type of the conviction.
Sealing of Records
For adult convictions, the waiting periods before eligibility to apply for the sealing of records are as follows:
- Misdemeanors
Individuals must wait one year after their final discharge to apply for the sealing of a misdemeanor conviction.
- Minor Misdemeanors
If the conviction is for a minor misdemeanor, the waiting period is six months.
- Felonies
Individuals with convictions for fourth or fifth-degree felonies need to wait one year after their final discharge, while those with one or two third-degree felony convictions must wait three years.
- Multiple Felonies
Ohio law allows for the sealing of up to two misdemeanor convictions, or one felony and one misdemeanor conviction. However, if an individual has more than one felony conviction, they must wait up to three years after their final discharge.
For those with bail forfeitures in a criminal case, the record of the bail forfeiture can sometimes be sealed immediately.
Expungement of Records
The eligibility for expungement in Ohio is inherently more restrictive, primarily because it is often reserved for records not resulting in a conviction, such as dismissed charges or findings of not guilty, certain juvenile records, or cases involving mistaken identity. The waiting periods for expungement are generally similar to or the same as the sealing of records:
- Misdemeanors and Minor Misdemeanors
One can apply for expungement after the same waiting periods as for sealing: six months for minor misdemeanors and one year for misdemeanors.
Special Considerations
There are particular cases that require special consideration:
- Sexually Oriented Offenses
For convictions that fall under Chapter 2953.32(B)(5), there is a waiting period of five years following the termination of the offender’s obligation to comply with the registration requirement.
- Traffic Offenses
Many traffic offenses cannot have their records sealed, particularly those governed by the Ohio Revised Code Chapters related to motor vehicles.
For those seeking to have their records sealed or expunged, being aware of these timelines is a must to be able to prepare their application accordingly.
The Application Process
Once the applicable waiting period has expired, an individual may proceed with the application process to have their Ohio criminal record expunged or sealed. The court will review the application to seal records, requiring input from prosecutors and, at times, the victims involved. A major part of this consideration is ensuring that the individual has been fully compliant with any sentencing requirements and has maintained a clean record during the waiting period.
The Need for Professional Legal Assistance in Record Sealing and Expungement
The process of having your Ohio criminal record expunged or sealed is full of complexities best managed by legal professionals.
Serving Columbus, Franklin County, and the entire Ohio State, Rutan Law Firm emphasizes the importance of expert legal assistance. Our adept attorneys ensure eligibility, prevent procedural errors, and offer persuasive court representation, significantly boosting your chance of success. With Rutan Law, individuals gain personalized support, from evaluating unique case particulars to advocating for rights in court. Entrusting your case to us at Rutan Law not only simplifies this legal journey, it enhances the prospects of reclaiming a brighter future.
Interested? Book an appointment with us today.
