You May Now Be Eligible For Expungement
There may be good news for you if your application for expungement of a criminal
conviction was previously denied. Under the previous statute Ohio used a definition
for a “first time offender” whereby you could only have one conviction on your record
to possibly be eligible.
Now the statute has been amended to an “eligible offender”
definition. The new definition allows you to have up to two convictions on your record
in some cases. You still may not have more than one felony conviction on your record to
be eligible, but you can have two misdemeanors or one felony and one misdemeanor and
still be eligible. There are still other factors the Court will look at, but if you were denied
before because you had more than one conviction you may now be eligible.
Expungement is the process where you apply to the Court for a sealing of your records.
This sealing prevents the public from being able to see your conviction. There are a few
exceptions where certain agencies can see your record after expungement such as if you
are trying to enter law enforcement or other fields like teaching. Ultimately, the granting
of an expungement is going to be in the Judge’s discretion though the statue must be
You can find the statute and definitions located under sections 2953.31 and 2953.32 of
the Ohio Revised Code.