Expungement, Wrongful Conviction, CQEs and CAEs in Ohio: Ohio Laws

Upon receiving a notice of a court order under section 2953.32, 2953.37, 2953.38, or 2953.53 of the Revised Code sealing or expunging the records subject to the order, the qualified third party shall send a notice of that order to all of the following: (1) Identified data repositories; 2) Web sites and publications that the qualified third party knows utilize, display, publish, or disseminate any information from those records.

Sealing of juvenile court records - definitions.

Sealing of juvenile court records. Provides victims with notice, right to be present, and right to be heard when a court is considering sealing the record of a conviction.

Expungement of sealed juvenile records.

Certificate of qualification for employment for persons subject to collateral sanctions.

Sealing of conviction record or bail forfeiture record. Application may be made at the expiration of 3 years after the offender's final discharge if convicted of 1 or 2 third degree felonies, or at the expiration of 1 year after the offender's final discharge if convicted of 1 or more fourth or fifth degree felonies. Final discharge means after serving sentence, completing parole, paid all fines, paid all restitution. However, "sentence" does not include payment of court costs. Felonies are eligible for complete expungement after 10 years.
Misdemeanors are eligible for sealing and actual expungement, destroying of the record, after 1 year, 6 months for minor misdemeanors.
There is no limit to the number of non-violent F4 and F5 convictions that may be sealed. Up to two (2) non-violent F3 convictions may be sealed.
Tier 1 & 2 sex offenses may be sealed, if victim is over 13. The applicant must wait 5 years from the date their SORN requirements end.
First- or second-degree felonies cannot be expunged from the record. Violent crimes with first-degree misdemeanor or felony charges cannot be expunged, with the exception of first-degree misdemeanor convictions for inciting to violence (ORC 2917.01), assault (ORC 2903.13), riot (ORC 2917.03), or inducing panic (ORC 2917.31). Violent offenses include:
•Rape
•Sexual Battery
•Corruption of a Minor
•Gross Sexual Imposition
•Sexual Imposition
•Obscenity Involving a Minor
•Pornography Involving a Minor
•Illegal Use of a Minor in Pornography
•Felonious Sexual Penetration
•Voyeurism
•DUI
Misdemeanor 4th Degree Domestic Violence (DV M4) or Violation of Protection Order (VPO).
Additionally, the Ohio Revised Code has been amended and passed over the years to preclude additional felony convictions and misdemeanor convictions, where there was a victim under the age of 13, including:
•Voyeurism
•Public Indecency
•Compelling Prostitution
•Promoting Prostitution
•Procuring
•Disseminating Matter Harmful to Juveniles
•Displaying Matter Harmful to Juveniles
•Pandering Obscenity
•Deception to Obtain Matter harmful to Juveniles
(An exception to this rule is failure to pay child support which is now eligible for expungement. S.B 337 September 2012)

Sealing of official records after not guilty finding, dismissal of proceedings, grand jury no bill, or pardon.

Effect of sealing or expungement order

Definitions regarding application for certificate of achievement and employability

Application for certificate of achievement and employability

Individualized consideration; civil liability

Rules authorized

PARDON; PAROLE; PROBATION

Bill Analysis of SB 288

Ohio Expungement Law.com

provides for expungement of a drug possession offense for persons under 21, who are found guilty and sentenced to probation but not convicted. The offender must have no prior drug offenses and meet other requirements under the section.

Ohio Capital Journal 10/18/23