12/19/2018
Get a new start with the new year. Ohio has changed the expungement law. Now get up to 5 felonies and unlimited misdemeanors expunged. Call to schedule your expungement consultation today. 419-394-2323
There are still waiting periods related to the expungement requests following discharge:
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.
These new laws will not apply to anyone with a F3 or higher felony conviction or those with a conviction which includes a sexual or violent offense, regardless of the result being a felony or a misdemeanor.
The court, of course, has the discretion to determine if a person qualifies for expungement of their criminal record.
Additionally, the prosecutor will be notified of the request and has the ability to object to records being sealed during a scheduled hearing.
Who is eligible for an expungement?
You qualify if you meet all of the conditions described in Section 2953 of the Ohio Revised Code, including:
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.