PLEASE NOTE: We wrote this article for the updated laws on Expunging Domestic Violence in Ohio in 2022. The most recent update was in October of 2023. We cover these new changes in our overview of sealing and expungement laws in Ohio for 2024.
Our website has many articles on Expungement Law in Ohio. We have seen that expunging and sealing of criminal records is a legal action that interests many of our clients. Expungement is an interesting topic because of the positive effect it can have. Ohio has also been updating the laws on expungement at a state level. The records of some crimes are clearly not eligible for sealing. But the rules about sealing some criminal records can be a little bit confusing. One type of criminal record that can be slightly more complicated is a record of Domestic Violence(DV). For this reason, our blog already has an article called “Can a Domestic Violence Record Be Expunged in Ohio?”
But there were changes to the rules for expungement in Ohio about a year ago. Therefore, we want to revisit the topic of expunging a record of Domestic Violence in Ohio.
Can a Domestic Violence Record Ever Be Sealed in Ohio?
Some Domestic Violence convictions can be eligible for sealing in Ohio and some cannot. People often use the term “expungement” to mean “sealing” even though they are not technically the same. Both sealing and expungement deny public access to a criminal record. They both allow the offender, to an extent, to go on with life as if the criminal record did not exist. However, when a court expunges a record, they completely destroy it, electronically and physically. When a court seales a record, the record continues to exist. But only the Court and certain people can access the record. (You can read more about the difference between sealing and expungement in our everything you need to know article).
So when can you have a Domestic Violence conviction sealed and when is it impossible? We cover this question in “Can a Domestic Violence Record Be Expunged in Ohio?”
We also revisit it in the following sections.
When Can a Domestic Violence Record be Expunged in Ohio?
Now that we have once again clarified the fact that sealing and expungement are different, we can talk about what types of Domestic Violence records can are eligible for sealing. Just like with any criminal record, you must be an eligible offender to have a chance at sealing your record of Domestic Violence. Among other things, this means you must wait the appropriate amount of time after your conviction. Not all crimes or even all misdemeanors are sealable. But for a sealable misdemeanor, you normally have to wait a year to have the record sealed. When it comes to Domestic Violence, you can only have the record sealed if your conviction was a misdemeanor of the second degree or something less serious. We talk about Domestic Violence records that are not eligible for sending in the next section.
When Can a Domestic Violence Record Not be Sealed
As we mentioned above, you typically cannot have a Domestic Violence record expunged if the conviction is anything more serious than a second degree misdemeanor. That means that a first degree misdemeanor (M1) Domestic Violence record is ineligible for expungement and so is any felony Domestic Violence conviction. This is because of the way Ohio law treats offenses of violence such as DV. While other types of M1 and even some felony records can be eligible for sealing and expungement after the proper waiting periods, the rules are different for Domestic Violence and other offenses of violence. Most offenses of violence are ineligible for expungement if they are first degree misdemeanors or felonies. Some offenses of violence are ineligible for expungement under any circumstances. However, M1 Domestic Violence convictions are even more complicated. They can be eligible for sealing, but not expungement.
Exceptions to the Rule
It is always good to mention exceptions to the rule. We do not want our readers to think there are always guarantes based on the parts of the law we highlight in our articles. There are many reasons someone may not be an eligible offender even if their criminal record would otherwise be expungeable. On the other hand, sometimes a situation may seem hopeless but for some reason things work out for the applicant in an expungement case. There are too many possible factors to address them all in this article. In most situations DV can be eligible for expungement after a year in Ohio after if it is a misdemeanor of the 2nd degree or a lesser conviction.
Conclusion
Expunging a criminal record in Ohio has been getting easier in recent years. Ohio Courts and other Courts throughout the country still take domestic violence very seriously. Because there are varying degrees of DV convictions, the rules for expunging a record of Domestic Violence depend on the factors in your case. We discuss some of the most significant factors above, but as we explained in the previous section, we cannot cover every possible scenario. If you have questions about trying to expunge a record of Domestic Violence or need any other type of legal help, you can always contact the expert attorneys at Dearie, Fischer, and Martinson.
