What charges cannot be expunged in Ohio?

Asked by: Melany Kovacek PhD  |  Last update: January 31, 2025
Score: 4.4/5 (50 votes)

Which Criminal Records Cannot Be Expunged and Sealed in Ohio?
  • Any first- or second-degree felony,
  • Any violent crime,
  • DUI/OVI,
  • Sexual battery,
  • Rape,
  • Sexual imposition,
  • Gross sexual imposition,
  • Domestic Violence,

What charges are not eligible for expungement in Ohio?

Rape, sexual batter, corrupting a minor, gross sexual imposition, sexual imposition, obscenity involving a minor, pornography involving a minor, illegal use of a minor in pornography, and felonious sexual penetration are all convictions that cannot be expunged.

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 long does a felony stay on your record in Ohio?

To seal a fourth- or fifth-degree felony, you must wait 12 months; to seal a third-degree felony, you must wait 36 months if it is the only one on your criminal record. To expunge felonies of these degrees, you must wait 120 months (10 years) after the record is successfully sealed.

What cases can be expunged in Ohio?

If a misdemeanor or felony case resulted in a not guilty verdict, a dismissal, a no bill, or a pardon, the case is eligible for record sealing. Most of those cases are also eligible for record expungement.

Expunging a Felony Offense from your Criminal Record in Ohio - Joslyn Criminal Defense Law Firm

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What is the new law for expungement 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. There are no exceptions to what non- conviction can be sealed, but there are exceptions to what non-conviction can be expunged.

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 is the 7 year rule 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.

How much does it cost to get a record 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.

How far back does a criminal background check go in Ohio?

The Fair Credit Reporting Act

Requirements for commercial criminal record reporting agencies: Agencies can report convictions of any age. Agencies may not report arrests or other non conviction cases that are more than 7 years old. Agencies must insure that their information is correct, complete, and up to date.

What is the second chance program for felons in Ohio?

The Second Chance Project provides free, direct legal services, expertise, and resources for: Record Sealing or Expungement. For Ohio convictions.

What kind of felonies can be expunged?

California Law

For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.

What is the clean slate program 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.

How many things can you get expunged in Ohio?

How Many Misdemeanors Can Be Expunged in Ohio? Depending on a person's past convictions, they may be eligible for EITHER an unlimited number of misdemeanor convictions expunged; OR only two misdemeanor convictions expunged.

Do I need a lawyer to expunge my record in Ohio?

Yes. If having your record sealed and expunged is important to you, and you want it done right, you should have a lawyer represent you through the legal process and at court. An application to the court for a sealing and expungement of record requires drafting and filing a legal motion.

What agencies can see expunged records?

Who Can See My Criminal Record after It Is Expunged?
  • Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
  • Human service agencies (social work positions, probation officer positions, counselors)
  • Department of Education (working in a public school)

How long does expungement take in Ohio?

Although this is the most basic requirement, there are many other restrictions and exceptions. Because of this, the Public Defender cannot tell you right away if you are eligible for an expungement. From start to finish, the expungement process usually takes 6-8 months.

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 183 day rule in Ohio?

The taxpayer has the burden of proof that they were not domiciled in Ohio for more than 183 days, and the individual may be asked to provide clear and convincing evidence to the contrary when they are moving their domicile.

What is the Fair Chance Act in Ohio?

"Under a new Ohio law, employers can hire, promote, and retain qualified applicants with criminal records without fearing legal barriers and liabilities. Job seekers who receive a Certificate of Qualification for Employment (“CQE”) have proven to a court that they are rehabilitated.

How can I get my record expunged for free in Ohio?

Opportunity Port connects Ohio residents with free legal assistance to apply to seal or expunge an Ohio criminal record.

Who can see your record after expungement?

Also, certain government agencies will almost always have access to expunged records. Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.

Do I have to disclose a felony after 7 years in Ohio?

Ohio law contains a seven-year lookback provision that prohibits agencies from reporting certain information that is seven or more years old. Agencies are not allowed to report arrests not resulting in convictions, liens, collections, civil judgments, or bankruptcies that are at least seven years old.

What crimes are not expungeable in Ohio?

Which Criminal Records Cannot Be Expunged and Sealed 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 reverse an expungement?

A Type of Dismissal

Instead, it is used to clear defendants' records after sentencing. In most states, an expungement would not be reversed because the defendant already served their sentence.