The short answer to this question is “it depends.” Contrary to popular belief, a criminal record is not automatically sealed by the court, nor does it disappear after a few years. It is permanent unless an application for expungement (called “record sealing” in Ohio) is filed with the court that you were convicted or pled guilty in. Whether you qualify to have your felony expunged depends on a few factors.

Depending upon the charge, you can apply to have an expungement of a felony conviction, an expungement of a felony “No Bill” (when a jury chooses not to indict), an expungement of a dismissed felony and an expungement of a not guilty finding. However, there are different legal procedures and waiting periods for each situation.

Ohio Revised Code (ORC) Section 2953.31 provides that one must be an “eligible offender” in order to qualify for an expungement of a felony conviction. An “eligible offender” is defined as one who has been convicted of a criminal offense and does not have more than one felony conviction, two misdemeanor convictions, or one felony conviction and one misdemeanor conviction. However, if two or more convictions result from the same set of facts, occurred at the same time or result from the same indictment, information or complaint, they will count as one conviction for expungement purposes.

Moreover, you may be able to have a felony conviction expunged as well as a separate misdemeanor conviction. In other words, you are able to have two separate expungements if one is a felony and the other is a misdemeanor.

What Offenses Are Not Eligible for Expungement in Ohio?

Even though the first prong to be considered by the court is whether you are an “eligible offender,” ORC 2953.36 precludes an individual who was subject to a mandatory prison term from eligibility for expungement. This statute further states that any person convicted of a 1^st or 2^nd degree felony or one of the following offenses is ineligible:

• Rape
• Sexual Battery
• Corruption of a Minor
• Gross Sexual Imposition
• Sexual Imposition
• Obscenity Involving a Minor
• Illegal Use of a Minor in Pornography
• Felonious Sexual Penetration
• Voyeurism
• DUI / OVI

In addition to the above named offenses, ORC 2953.36 precludes the expungement of a felony or misdemeanor conviction for the following offenses when the victim was under the age of 18:

• Voyeurism
• Public Indecency
• Compelling Prostitution
• Promoting Prostitution
• Produring
• Disseminating Matter Harmful to Juveniles
• Displaying Matter Harmful to Juveniles
• Pandering Obscenity
• Deception to Obtain Matter Harmful to Juveniles

Waiting Period for Expungement

Under Ohio law, an eligible offender must wait three years before beginning the expungement process. However, this clock does not begin when you are convicted. It starts from the final date of discharge (i.e., when the sentence has been completed). For example, if the court imposed three years of community control or probation on January 1, 2010, and you successfully completed the terms of community control or probation on January 1, 2013, you would have to wait an additional three years (i.e., January 1, 2016) before being eligible to begin the expungement process.

Process for Expungement in Ohio

Assuming you are an eligible offender and have waited the required period of time, you may begin the expungement process. The first step is to file an application for record sealing in the court in which you were convicted, pled guilty, had the felony dismissed or were found not guilty. Upon the filing of the application, the court will notify the probation department and have them conduct an investigation regarding the request for expungement.

The probation department will conduct a background check, including any and all past criminal offenses, whether convicted or dismissed. The probation department will prepare a report for the court, determine whether there are any outstanding orders not yet completed, and determine if there are any pending charges against you.

If you meet all of the prerequisites for expungement/record sealing, the court will conduct a hearing. At this hearing, the court will consider any objection raised by the prosecution and balance those concerns against your request for expungement. This is part of a balancing test pursuant to ORC 2953.32.

For a felony expungement, the prosecution will most likely file an objection to your request for expungement/record sealing. Therefore, it is advisable that you hire an attorney who will help counter any objection raised by the prosecutor and advocate that your interests in having your record expunged outweigh any interests the state may have in maintaining a record of your case.

This process can take a few weeks or several months. Thus, it is advisable to begin this process as soon as you are eligible and not wait for when you are applying for employment, professional license or other immediate need. Even if a felony expungement application is granted, it will take several weeks for your record to clear from the various reporting agencies.

Columbus and Delaware, Ohio Expungement and Record Sealing Attorney

If you have previous criminal offenses that you wish to have expunged and sealed in Columbus or Delaware, Ohio, call Johnson Legal, LLC at (614) 987-0192 and speak with Attorney David Johnson. As an experienced criminal defense attorney, Attorney Johnson will discuss with you your previous criminal convictions, whether you meet the requirements of an “eligible offender,” and assist you with the process of expungement and record sealing.