What is the Clean Slate Act in Ohio?
Asked by: Meta Huel | Last update: April 1, 2025Score: 4.5/5 (71 votes)
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 is the clean slate law in Ohio?
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 crimes cannot be expunged in Ohio?
- Any first- or second-degree felony,
- Any violent crime,
- DUI/OVI,
- Sexual battery,
- Rape,
- Sexual imposition,
- Gross sexual imposition,
- Domestic Violence,
Do felonies go away after 7 years in Ohio?
Contrary to popular belief, a criminal record is not automatically sealed, expunged, nor does it disappear after a number of years. In fact, a felony will stay on one's record until an application for expungement is filed with the Court to expunge and/or seal a record.
How much does it cost to expunge your record in Ohio?
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.
'Clean Slate Act' signed into law to help non-violent offenders
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's the difference between getting your record sealed and expunged?
Summary: Record sealing is only available for an adult arrest that did not result in a conviction, or most juvenile criminal records. Criminal record expungement is the only relief available if a conviction occurred, as an adult criminal conviction can never be sealed in California.
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.
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.
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.
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.
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.
How can I get my record expunged for free in 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 felony cannot be expunged in Ohio?
First or Second-Degree Felonies: These high-level offenses, including severe violent crimes or large-scale drug trafficking, are generally not eligible for expungement or sealing. Violent Crimes: If a crime involves harm or threat of harm to another person, such as murder or aggravated assault, it cannot be sealed.
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.
Can you get your gun rights restored in Ohio?
The Ohio Revised Code details the process to re-acquire firearm rights. You can petition the Court to have your rights restored, and must demonstrate to the Court that you meet the requirements to have your rights restored. This restoration of firearm rights is not extended to all convictions.
Why do felons lose the right to bear arms?
Under federal law, convicted felons lose their firearm rights, which is a decision that stemmed from a law developed in 1934. At that time, the federal government mandated that no person convicted of a felony involving violence would be able to have his or her firearm rights restores.
Can I carry a loaded gun in my car in Ohio now?
Disclaimer: Carrying in vehicles is not addressed in the Constitutional Carry bill. However, according to the Ohio Attorney General, it is legal to possess a loaded firearm in a vehicle. Residents can still obtain a CHL. They must have completed eight hours of firearms training and meet other criteria to qualify.
Does Ohio have a clean slate program?
What is the Clean Slate Law in Ohio? Effective April 4, 2023, Senate Bill 288 was codified. This created significant changes in the sealing and expunging of criminal records in Ohio. This includes conviction records, not-guilty findings, bail forfeitures, and dismissed charges.
How much does it cost to expunge a record in Ohio?
How much does it cost to seal or expunge a case? There is no fee for non-convictions. There is a $50 non-refundable fee for convictions. Under the Revised Code, an applicant may request to have the records of more than one case in a single application.
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.
Can FBI see expunged records?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
What is the difference between expungement and sealing in Ohio?
In Ohio, record sealing is the removal of the case records from public records, and expungement is destruction of the records so the records are permanently irretrievable.
How do you know if your record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.