In the past, eligibility for expungement, or record sealing as it is known in the courts, was very limited in Ohio. Only people with one or two convictions, including misdemeanors, were eligible. This left many with minor convictions facing trouble finding work, finding a place to live, and other forms of discrimination.
Early next month (April 8th, 2019), a new law goes into effect which greatly expands the availability of expungement.
Misdemeanors
Under the new law, people who are convicted of any number of misdemeanors are eligible to have the record of those convictions sealed. A person must wait at least one year from the date that “final discharge”. Final discharge means from the end of the term of probation or the end of the jail term, whichever is later.
There are, however, certain misdemeanors which may not be sealed. Crimes which are classified as “violent offenses” are generally not able to be sealed, though there are exceptions for certain minor cases which are classified as first degree misdemeanors. If your conviction involves violence, you will want to contact an attorney to determine whether those exceptions apply to you. A conviction of Domestic Violence is not able to be sealed. Sex offenses are not able to be sealed. Offenses that are first degree misdemeanors with a victim who was under the age of eighteen at the time of the offense (with the exception of failure to pay support) are not able to be sealed. Lastly, traffic offenses, including drunk driving, are not able to be sealed in most cases.
Even if someone is eligible, and their conviction is not one of the prohibited offenses, having your record sealed is not automatic. A person must apply to the court that originally handled their conviction. The judge who oversaw the original case, or a successor if the judge has retired or lost an election, must review the case and determine whether someone has been “sufficiently rehabilitated” before deciding whether to seal the conviction. It is ultimately up to the judge whether the record of the conviction will be sealed. This discretion of the judge makes it important that a person seeking to have their record sealed speak to an attorney about the matter. An attorney may be able to discuss with you what materials may be worth collecting in order to demonstrate to the judge in your case what you’ve been doing since your punishment finished.
Traffic Case Exception
In most cases, traffic convictions may not be sealed. In general, traffic offenses do not even count as “offenses” when determining if you are eligible to have your record sealed.
Felonies
Access to having a felony conviction sealed is also being greatly expanded, though not quite to the same degree as misdemeanors.
The same restrictions as apply to misdemeanors apply here. Violent offenses are not able to be sealed, nor are most sex offenses. In addition to those general classes, felonies of the first and second degrees are not eligible to be sealed, nor are crimes which carry a mandatory prison sentence. Since the penalties for crimes may change from time to time and the eligibility is based on what was the law at the time you were convicted, you may wish to speak with an attorney about whether your case might qualify to be sealed. It is also important to note that eligibility is based upon the conviction, not the original charge. If you were charged with an offense that is not eligible but pled to a reduced charge which is eligible, you are eligible to have your record sealed.
Where felonies are not so generous as the misdemeanors is in the number of convictions you may have while remaining eligible and the amount of time you must wait after the completion of your case before you become eligible to have your record sealed.
As mentioned above, if you have convictions of felonies of the first or second degree, you are not eligible to have your record sealed.
If you have been convicted of a felony of the third degree, you are only eligible if you only have the one felony or one felony plus one misdemeanor on your record, and none of the convictions fall under the special restrictions. For purposes of counting convictions for F3 record sealing, convictions which come out of the same case–or within a 3-month-period–count as one conviction.
If you have been convicted of a felony of the fourth or fifth degree, your record may contain up to five non-violent felonies, and any number of non-violent misdemeanors. If your record contains one of the few violent misdemeanors which may be sealed, it may contain up to two misdemeanors. Note that for counting these convictions, all the charges arising out of a single case count as one conviction.
The time to wait before applying differs based on how many convictions are on a person’s record.
If there is only one felony on a person’s record, they must wait three years after the final discharge in their case.
If there are two felonies on a person’s record, they must wait four years from the final discharge.
If there are three, four, or five felonies, that person must wait five years from the final discharge.
What can hold up having a record sealed?
In additional to general issues about what convictions are eligible discussed above, pending criminal charges can prevent a court from granting your application to have your record sealed.
What happens why my record is sealed?
For most private reasons, it is as if the case never happened.
When the court grants an application to have a criminal record sealed, that conviction is moved to a “non-public” file. While the file still exists, and may be accessed, by other courts and by law enforcement for purposes of sentencing for future crimes, the public does not have access to the file. Landlords and employers will not have access to this non-public file. You will legally be allowed to say “no” if asked if you have been convicted of a crime.
Government officials may also have access to the record if you are applying for jobs in law enforcement, education, health care, or other specific fields.
If, at the time of your conviction, you were also the victim of human trafficking and your conviction is related to that status, you may qualify for a special procedure in which the conviction is completely erased, considered never to have happened, and may not even be retrieved by government officials. If you are unsure whether you may qualify for this
Next Steps
If you have further questions about whether your record may be able to be sealed, Attorney Alex Keane may be able to help you.
Contact him today to discuss your case and find out whether you can put your past behind you.
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