If you have a criminal record in Ohio you may very likely want to seek sealing and/or expungement. You may also be aware that not every offense is eligible for sealing and expungement. However, you may be wondering if your particular offense is an eligible offense. While the details of your specific situation sometimes make a difference, the Ohio Revised Code (ORC) does prohibit the sealing of certain offenses. In this article, we will try to break down which crimes cannot be expunged in Ohio. Please note there may be exceptions to the rules we discuss.
How Do I Know if my Crime Cannot be Expunged in Ohio?
As we said above, there are exceptions to the rules. Something about the circumstances of your offense may constitute an exception. For general purposes, the ORC details situations that prohibit the expungement of criminal records. It also lists a number of offenses that are not eligible for sealing or expungement. In many cases, even eligible offenses do not become eligible right away. The ORC sets specific time periods for sealing and expungement based primarily on the seriousness of the offense. The time period for expungement usually starts after the time of sealing the reord. Therefore most records that are ineligible for sealing are also ineligible for expungement. Below is a list of these non-sealable offenses.
Offenses that cannot be sealed in ohio
Most of Ohio’s rules for sealing and expungement come from Sections 2953.32 and 2953.34 of the Ohio Revised Code. Section 2953.32 says that these two expungement sections do not apply to a certain list of convictions. Therefore the convictions on the list are not eligible for sealing and expungement. This is the list of ineligible convictions:
Felony convictions of the first or second degree
Traffic convictions
Convictions of any sexually oriented offense
Convictions of any other felony of violence
Conviction where the victim is under 13 years old
Violating a Protection Order
Domestic violence (DV) convictions, unless the conviction is a misdemeanor of the fourth degree (M4). An M4 conviction of DV is eligible for sealing but not expungement.
Conviction of third degree felonies (F3) are sometimes ineligible for sealing depending on what other crimes are on the offender’s record. You can find the language dealing with F3 convictions in ORC 2923.32(A)(1)(g) or at the bottom of our time table for expungement in Ohio.
Note that there can be other things on your record that make the otherwise eligible offenses ineligible for sealing.
What Should I Do if My Ohio Criminal Record Cannot be Sealed or Expunged?
Contact us! While there are no guarantees that your record is an exception to the rules, our attorneys have over twenty years of experience researching cases to get the best results for our clients. Even if you think your record is eligible for sealing and/or expungement, feel free to contact our offices for help in the process.
Conclusion
Ohio’s rules on sealing and expungement have changed frequently and in significant ways in the over the past several years. It has generally become easier for most offenders to have their criminal records sealed. Even still, some crimes that cannot be sealed/expunged in Ohio. Non sealable convictions include felonies of the first, second, and sometimes third degrees, traffic violations, sex offenses, felonies of violence, most domestic violence, violating a protection order, and crimes where the victim is under 13 years old. M4 Domestic violence convictions are sealable but not expungeable. There may be exceptions to these rules and some criminal records may be ineligible for sealing even without one of the aforementioned non sealable offenses. If you have questions about your criminal record, or need to hire a criminal defense attorney for any other reason. Be sure to contact Dearie, Fischer & Martinson!
