Expungement of Criminal Record


On October 29, 2018, Ohio's new expungement law, ORC Section 2953.32 became effective, removing limitations on eligibility, and opening the door for many more citizens to have their criminal records removed from public view. Your criminal record can limit your job, educational, and housing opportunities, and prevent you from being able to purchase, own or possess a firearm. If you have a criminal record, it might be holding you back presently, or might present an obstacle in the future. So, do not wait; seal your record as soon as you are eligible to do so.


You might think you are not eligible to obtain an expungement. Prior to the October 29, 2018, you could “not [have] more than one (1) felony conviction, not more than two (2) misdemeanor convictions, OR not more than one (1) felony conviction and one (1) misdemeanor conviction in this state or any other jurisdiction.”


However, under current law, eligible offenders are those with non-violent, non-sexual felonies of the 4th & 5th degree. You may have up to five 4th and/or 5th degree Felonies and/or an unlimited number of misdemeanors.


Under the old law, felony offenders had to wait five years after the completion of the sentence (including probation and the payment of fines, court costs, and restitution) before they were eligible. Misdemeanor offenders had to wait one year.


Under the new law, a person convicted of one felony can apply after three years, two felony convictions can apply after four years, a person with three, four, or five felonies, the person must wait 5 years.


Under the new law, a person can apply to seal an unlimited number of misdemeanors, one year after the end of probation and the payment of fines, court costs, and restitution. There are specific rules related to firearm offenses as well. Contact us for more information or read the statute here.


There are specific rules related to firearm offenses, and not all offenses can be expunged. The following cannot be expunged:


1. Convictions when the offender is subject to a mandatory prison term;


2. Sex offenses under ORC Sections 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.321, 2907.322, 2907.323, or former section 2907.12;


3. Traffic Offenses such as speeding, OVI, or reckless operation under ORC Sections 4507, 4510, 4511, or 4549;


4. Offenses of Violence which are a misdemeanor of the first degree or a felony (except assault and limited exceptions apply);


5. Convictions on or after October 10, 2007, under ORC Section 2907.07 of the Revised Code (Importuning) or similar local ordinances;


6. Sex offenses or general offenses involving a minor victim;


7. First or second degree felony convictions;


8. Multiple convictions of an identical offense.


The choices you make today will impact your life tomorrow. Seek and obtain an expungement of your criminal record. You need to make certain that the attorney you choose to represent you has the necessary knowledge and ability to protect your rights. Please call 216.225.9181, Email, or use the contact form to schedule a consultation.