Effective October 29, 2018, Ohio is officially expanding expungement laws and those who previously did not qualify to have records sealed might be eligible. According to the new statutory makeup in ORC § 2953.32, persons with non-violent, non-sexual misdemeanors and/or felonies up to F4 or F5 may now be eligible for their records to be sealed by a court in Ohio.
The new law allows for an expungement review for a person with up to five F4/F5 felonies and/or unlimited misdemeanors. The law allows for the possibility of all records to be sealed.
There are still waiting periods related to the expungements requests following discharge:
- Misdemeanors require a one year waiting period.
- One F4/F5 Felony requires a three year waiting period.
- Two F4/F5 Felonies require a four year waiting period.
- Three to Five F4/F5 Felonies require a five year waiting period.
These new laws will not apply to anyone with a F3 or higher felony conviction or those with a conviction which includes a sexual or violent offense, regardless if the result was a felony or misdemeanor.
The court, of course, has the discretion to determine if a person qualifies for expungement of their criminal record. Additionally, the prosecutor will be notified of the request and has the ability to object to records being sealed during a scheduled hearing.
Do you have a record you want sealed? If you’re in Southern Ohio, CT Law can review your eligibility and discuss the expungement process with you.
Anyone in the Hamilton County or surrounding areas, call CT Law today at 513-381-5050.
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Post written by Stephanie L. Brockman, Chase College of Law.