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

Sealing of conviction record or bail forfeiture record. Application may be made at the expiration of three years after the offender's final discharge if convicted of a third degree felony, four years if two felonies, five years if 3-5 felonies or at the expiration of one year after the offender's final discharge if convicted of a misdemeanor or fourth or fifth degree felonly. Final discharge means after serving sentence, completing parole, paid all fines, paid all restitution. However, "sentence" does not include payment of court costs.

Sealing of juvenile court records - definitions.

Sealing of juvenile court records.

Expungement of sealed juvenile records.

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

Sealed records may be accessed by law enforcement agencies and for purposes of a variety of other employments set forth in the statute governing the Bureau of Criminal Identification (state repository of criminal records), including licensed facilities working with vulnerable populations, schools, home health agencies and financial institutions.

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). Also
•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
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 18, 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)

Expungement of convictions relating to obsolete law that mandated a concealed handgun licensee to promptly notify law enforcement of their firearm during an official stop.

Expungement of certain crimes for victims of human trafficking. Application may be made at any time.

Sealing of records after not guilty or dismissal.

Definitions regarding application for certificate of achievement and employability

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.

Application for certificate of achievement and employability

Individualized consideration; civil liability

Rules authorized

PARDON; PAROLE; PROBATION

SB 288 broadens when prior charges, arrests, or convictions can be sealed away from public view or deleted entirely.
The bill outlines the timeline for when people can file sealing or expungement applications.
The sealing waiting period ranges from six months to seven years and is dependent on whether what is being sealed is a felony or misdemeanor, among other factors. People can file applications to have misdemeanors expunged three years after sealing them, and for felonies, ten years after sealing them, according to the bill.

Bill Analysis of SB 288

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.