Does Ohio have a clean slate law?
Asked by: Leanna Cruickshank | Last update: May 21, 2025Score: 5/5 (23 votes)
It is a legal process provided under Section 2953 of the Ohio Revised Code that allows one to have any and all references to a prior criminal conviction cleared and their court file sealed. The result of this process is as if you were never convicted of the crime.
What is the clean slate law in Ohio?
The Clean Slate Initiative passes and implements laws that automatically clear eligible records for people who have completed their sentence and remained crime-free, and expands who is eligible for clearance.
What Cannot be expunged in Ohio?
The three convictions that are part of a lifelong record include rape, murder, and aggravated murder. In addition, if you were convicted of a crime for which you were required to serve mandatory jail time, regardless of the crime, this conviction cannot be expunged.
How long after a felony can you get it expunged in Ohio?
Under Ohio law, after a conviction of a felony, a statutory waiting period of three years must have passed before one is actually eligible for to begin the expungement process. The clock does not start ticking when the conviction is recorded by the Court; however, it starts from the final date of discharge.
What states have the clean slate law?
Currently, 12 states have enacted some form of Clean Slate Law: California, Colorado, Connecticut, Delaware , Michigan, Minnesota, New Jersey, New York, Pennsylvania, Oklahoma, Utah and Virginia. Advocacy groups are lobbying to add the remaining states.
Michigan's new Clean Slate Law takes effect Tuesday; here's what it means
Do felonies go away after 10 years?
In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison. You can face serious obstacles until you get the conviction removed from your criminal history.
Does your criminal record clear after 7 years in the USA?
Many people mistakenly think that United States criminal records automatically clear after 7 years. This is inaccurate. However, after 5 to 10 years, you may be eligible for expungement, depending on state law. At that point, you can file a petition with the court to have your criminal record expunged.
Do I have to disclose a felony after 7 years in Ohio?
The FCRA contains a seven-year lookback provision that prohibits CRAs from reporting certain information that is seven or more years old. CRAs are not allowed to report arrests not resulting in convictions, liens, collections, civil judgments, or bankruptcies that are at least seven years old.
What is the new expungement law in Ohio?
As of October 2023, Ohio law was expanded to allow for non-convictions (not guilty, dismissals, no bills) to be sealed AND expunged. Previously, only sealing was available.
How much does it cost to get felonies expunged in Ohio?
EXPUNGEMENT APPLICATION INFORMATION
A non-refundable $50 filing fee is to be paid at the Criminal Clerk's office at the time of application for expungement of a Conviction. No filing fee is required for Acquittals or Dismissals.
Will my expunged record show up on a background check in Ohio?
In most cases, sealed/expunged records will not appear on background checks. This means it may be easier for you to apply for a job, professional license, get housing, apply to college or apply for credit. But there are exceptions when sealed records may be accessed by some employers or agencies.
What crimes cannot be pardoned in Ohio?
To be eligible to apply for an expedited pardon, you must have: No new felony and misdemeanor criminal convictions in the last ten years. No convictions for prohibited offenses including murder, attempted murder, rape, kidnapping, and domestic violence. Read the full list of prohibited offenses here.
How can I get my record expunged for free Ohio?
- Record Sealing or Expungement. ...
- Safe Harbor Expungement for survivors of human trafficking. ...
- A Certificate of Qualification for Employment (CQE). ...
- Ohio Governor's Expedited Pardon Project (OGEPP). ...
- Housing-Related Legal Needs.
What is the second chance law in Ohio?
The Second Chance Act of 2007 aims to reduce recidivism, rebuild ties between defendants/persons under supervision and their families, support evidence-based practices, protect the public, and assist in establishing a self-sustaining life.
What is the clean slate rule?
The clean-slate rule is a legal doctrine in criminal procedure that allows for the retrial of a defendant who appealed and obtained a reversal of an earlier conviction. This means that the double-jeopardy prohibition, which prevents a person from being tried twice for the same crime, does not apply in this situation.
Can a judge see an expunged record?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.
What crimes are not expungeable in Ohio?
- Any first- or second-degree felony,
- Any violent crime,
- DUI/OVI,
- Sexual battery,
- Rape,
- Sexual imposition,
- Gross sexual imposition,
- Domestic Violence,
Can you buy a gun after expungement in Ohio?
Expunging a conviction does not guarantee a restoration of firearm rights, but can help influence the court to approve an application to restore someone's right to own a firearm.
What is the Fresh Start Act in Ohio?
As enacted by the 133rd General Assembly in HB 263, the Fresh Start Act prohibits any state licensing authority that licenses under Title XLVII or any Ohio Occupation or Professional License from refusing to issue to an individual an initial license to engage in any profession, occupation, or occupational activity ...
Can a felon own a gun after 10 years in Ohio?
Generally speaking, a convicted felon does not have the right to bear arms in Ohio unless they have their gun rights restored. In other words, most people with felony convictions in Ohio cannot possess firearms.
How far back does Ohio go on a background check?
The Buckeye State adheres to the seven-year lookback period as established by the federal Fair Credit Reporting Act. This means that any liens, bankruptcies, collections, civil judgments, and arrests not resulting in convictions are reported up to seven years back in an applicant's history.
Do felonies go away after 7 years?
Felonies stay on your criminal record for the rest of your life. However, if you seek expungement, it is possible to clear your record of the offense.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
What is the 7 year rule?
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.
How far back do most background checks go?
Employment background checks can typically go back as far as seven to ten years, though that timeframe can vary depending on the type of check, the position being applied for, industry regulations and state or local laws.