How to Get a Felony Expunged in Ohio

Two procedures are available in Ohio that result in making the criminal record of some felony offenses unavailable to the public for viewing. One procedure is sealing. With sealing, the public cannot access the criminal record, but the record remains in existence. A court might access it at a future time under certain circumstances.

The second procedure is expungement. When a criminal record is expunged, it is destroyed permanently. No one can ever access the record again, not a court, not any government agency. This article deals with expunging a conviction in Ohio. It also deals with expunging records of criminal offenses that have not ended in conviction, e.g., arrest records, and with expungement of misdemeanor records also.

There are a number of complexities to expungement in Ohio. A defendant would want to consult with an attorney if they are interested in felony expungement in that state.

An individual with a criminal record that they want to expunge must wait for a specified period of time before they can apply for expungement. The length of the waiting period depends on the nature of the crime contained in the record and the way in which the criminal case was resolved.

The expungement waiting period for both felonies and misdemeanors begins to run when the criminal case at issue is finally discharged or concluded. A criminal case has not ended until the defendant has served their entire sentence, e.g., completing the probation to which they were sentenced and/or paying any restitution or fine that they were ordered to pay.

Once a defendant has fully complied with all of the terms of their criminal sentence, the expungement waiting period begins to run. Many courts make note in the record of their proceedings the exact date on which a criminal sentence has been completed. This is when the expungement waiting period begins to run.

Waiting periods differ for different crimes and different resolutions. Some of the kinds of criminal records and their expungement waiting periods are as follows:

• Felony Conviction: For a felony offense that is eligible for expungement, the record may be expunged after 3 years have passed since the conclusion of the case. Not all felony convictions are eligible for expungement.
• Dismissal or Acquittal: A criminal case might be dismissed by the prosecution, or the defendant may be found not guilty after a trial, i.e., acquitted. In both situations, the defendant is able to file for expungement immediately after the dismissal or entry of a finding of not guilty in the court record.
• No-Bill: A defendant must wait for 2 years after the date on which a no-bill is entered by a grand jury. A no-bill is a decision by a grand jury not to issue an indictment because the evidence is insufficient.
• Minor Misdemeanors: Conviction of a misdemeanor criminal defense is technically not considered a criminal conviction. If a record contains information about a misdemeanor conviction, Ohio law requires a 1-year waiting period after the date of misdemeanor conviction.
• Bail or Bond Forfeiture: Bond forfeiture is a legal process that is used on occasion to finalize misdemeanor criminal cases in Ohio. A case may end in a bond or bail forfeiture when a perpetrator is arrested and charged with a misdemeanor. They must appear in court to answer to the charge, so they post bond or bail to guarantee their appearance after they are released from jail.

Their criminal defense lawyer then arranges with the prosecution for the defendant to forfeit the bond or bail they posted to the state in exchange for an end to the criminal proceedings against them. Their record would show a bail forfeiture.

In a case that is resolved through bail or bond forfeiture, the expungement waiting period would begin to run on the date when the forfeiture is completed. The waiting period is 3 years.

What Factors Influence Felony Expungement?

One of the main factors that influences expungement is the nature of the conviction that is contained in the record. Some records of certain felony offenses cannot be expunged as follows:

• Felonies that are classified as first or second-degree felonies
• Three or more felonies that are classified as third-degree felonies
• Criminal offenses that involve violence
• Most sexual offenses, such as rape or sexual battery
• Domestic violence offenses
• Violations of protective orders
• Certain traffic offenses, such as driving under the influence
• Most offenses in which the victim was under 18 years old.

As noted above, another factor is whether the individual whose record it is has completed their sentence in full, if a sentence was imposed.

Which Felonies Can Be Expunged?

Other criminal offenses that are not of the type specified above may be eligible for expungement. So, for example, one or a maximum of 2 third-degree felonies may be expunged when 3 years have passed after the felony is discharged, i.e., the terms of the sentence have been completed. When 11 years have passed after the discharge of a fourth- or fifth-degree felony, it may be expunged.

What Is the Process of Expunging a Felony?

For each offense, a defendant should complete an application in each court where there is a record of a case that is eligible for expungement.

Just to make things as complicated as possible, every court in Ohio has its own application forms and processes for determining expungement. A defendant or their attorney would have to contact the clerk of the court to learn what forms must be filed and how to file them.

The clerk would also be able to provide the defendant with the following information:

• The case number for the record they want to expunge
• The legal name and degree of the offenses on their record
• The date when the defendant was convicted, if they were, and
• The date on which the case was discharged.

A defendant must pay a fee of $50 to file their application. If the court orders a hearing on the application, the defendant must attend the hearing. A court must have the hearing within 45 to 90 days after the application is filed.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

A criminal record, including a felony record, that has been expunged is destroyed completely and cannot be accessed by anyone. Expungement is the end of a criminal record in Ohio.

Which Felonies Are Not Eligible for Expungement?

As noted above, among the felonies that are not eligible for expungement are the following:

• Felonies that are classified as first or second-degree felonies cannot be expunged.
• If one defendant has three or more felony convictions that are classified as third-degree felonies, they cannot be expunged.
• Felony criminal offenses that involve violence may not be expunged.
• Most sexual offenses may not be expunged.
• Domestic violence offenses may not be expunged.
• Criminal offenses that are based on violations of protective orders may not be expunged.
• Offenses that involved a victim who was under 13 years old may not be expunged.

Again, the issues can be complex, and a defendant may want to talk to a local Ohio lawyer about what felonies can be expunged and when the waiting period ends.

Do I Need an Attorney for Help With Felony Expungement?

If you have a criminal record and would like to have it expunged so you can end the negative effects it may have on your life, you want to talk to an Ohio expungement lawyer. LegalMatch.com can connect you to a lawyer who can get your criminal record, review it, tell you if your felony records can be expunged, and guide you through the procedure to successful expungement.