Our latest article talked about expunging F3 convictions in Ohio. We dedicated an entire article to that subject because F3 convictions have their own special rules in Ohio expungement law. But what about other felonies? Is expunging felonies in Ohio normally possible?
Felony Convictions of the 4th and 5th Degrees
When speaking in legal terms, we use lower numbers to denote more serious crimes. For example, F1 is the most serious felony. M1 is the most serious misdemeanor. So if a conviction is of an F4 or F5, it is less serious than F3 convictions. Naturally you would think, since F3 convictions are sometimes eligible for expungement, F4 and F5 convictions must sometimes be too. That would be correct.
As long as the ORC does not prohibit the crimes from sealing or expungement, the main requirement (there could be others) for expunging felonies in Ohio is based on time. The time periods for sealing and the time periods for expungement are a little different.
Sealing an F4 or F5
With exceptions, a person in Ohio can apply for sealing of an F4 or F5 one year after the offender’s final discharge. The same is true for most misdemeanors. Note that this is not a guarantee that the application will be approved.
Expunging an f4 or f5
Felonies can become eligible for expungement 10 years after the time specified for sealing. This is different from most misdemeanors. But this is still not a guarantee that the application will be approved.
F3
We covered F3 extensively in our last blog post. The rules are rather complex.
Once again, for a crime of any degree, the crime itself must not be on the list of crimes that cannot be expunged in Ohio. And there could still be other reasons the Court does not approve the application for expungement. It depends on the factors of that specific case.
F1 or F2
Sealing is not possible for F1 or F2 Convictions.
Conclusion
Sealing and Expungement in Ohio is available to people with a criminal record under the right circumstances. If you or someone you know is interested in expunging a felony, don’t be afraid to contact Dearie, Fischer & Martinson.
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