Under Ohio law, a two-step process is required to seal your record (commonly known as “expungement”). First, the trial court must determine if you are eligible to have your record sealed. Only after determining that you are eligible may the court decide whether to seal your record.

The specific requirements as to eligibility for expungement depend on whether you are attempting to expunge records related to arrest, cases ending in a not guilty verdict, and “no bill” verdicts, or records related to a conviction or bail forfeiture. See ORC 2953.32 and 2953.52.

Are You an Eligible Offender?

Prior to the actual determination of whether an expungement will be granted, the court must determine if you are an “eligible offender.” The court must determine whether:

• Your criminal record has a permissible number of convictions;
• The conviction(s) you are seeking to have expunged are eligible to be sealed (i.e., enough time has elapsed since the final disposition of the case and the type of conviction); and
• Any criminal proceedings are currently pending against you. See ORC 2953.31(A); 2953.32(A), (C)(1)(a) and (b).

Ohio Revised Code 2953.31(A), as amended in 2012, expanded the number of offenses subject to expungement. When determining whether you are an eligible offender, the court will consider:

• All of your convictions in Ohio and other jurisdictions;
• Whether you have more than one felony conviction;
• Whether you have more than two misdemeanor convictions; and
• Whether you have more than one felony conviction and one misdemeanor conviction in Ohio or any other jurisdiction.

What Offenses are Ineligible for Expungement?

Under Ohio law, certain offenses cannot be sealed, even if it is the only conviction. These offenses are 1^st or 2^nd degree felonies, any offense with a mandatory prison term, and any offense of violence, including:

• Endangering children – ORC 2919.22
• Burglary – ORC 2911.12
• Improperly discharging a firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building – ORC 2923.161
• Escape – ORC 2921.34
• Intimidation of an attorney, victim or witness in a criminal case – ORC 2921.04
• Intimidation – ORC 2921.03
• Domestic violence – ORC 2919.25
• Aggravated robbery – ORC 2911.01
• Robbery – ORC 2911.02
• Aggravated burglary – ORC 2911.11
• Arson – ORC 2909.03
• Aggravated arson – ORC 2909.02
• Sexual Battery – ORC 2907.03
• Rape – 2907.02
• Kidnapping – ORC 2905.01
• Menacing – ORC 2903.22
• Assault (unless the offense is a 1^st degree misdemeanor) – ORC 2903.13

Factors Used to Determine Whether to Expunge Your Record

If you have been found to be an eligible offender, the statutes require the court, in its discretion, to weigh a variety of factors. The factors will vary depending upon whether you are seeking to have a conviction or bail forfeiture expunged, or records relating to an arrest, cases that were dismissed, not guilty findings, and no bill verdicts.

When considering an application for record sealing, the trial court must make determinations of:

• Whether you have been rehabilitated to the court’s satisfaction;
• Whether the reasons offered by the prosecutor against sealing your record are persuasive; and
• Whether the interests you have in having your record expunged outweigh the legitimate needs, if any, of the state to maintain those records.

If the court determines that you are eligible for record sealing, and the facts support having your record expunged, then the trial court will order that all records of your case be sealed.

Columbus and Delaware, Ohio Expungement/Record Sealing Attorney

If you have been convicted, charged, or even arrested for a criminal offense in Columbus or Delaware, Ohio, your record is available to the public. This means that college admission offices, landlords and potential employers can see if you have a criminal record. Attorney David Johnson of Johnson Legal, LLC can assist you in removing your criminal record from public view through the process known as expungement and record sealing.