list of records that cannot be expunged and sealed in ohio

In Ohio, expungement is the term for clearing your criminal record and having the court’s records sealed from public view.

If you have a criminal record, you might be curious about what crimes cannot be expunged in Ohio.

A criminal record can interfere with your ability to get a job, rent a house, or obtain professional licensing.

However, having crimes expunged from your record requires undertaking a complex legal process.

Upon approval of your motion for expungement, the court issues an order for clearing and sealing the records.

Unfortunately, not all crimes are eligible for expungement. To explore having a prior offense removed from your record, talk to an Ohio criminal defense lawyer for help.

WHAT CRIMES CANNOT BE EXPUNGED IN OHIO FAQ

Which Criminal Records Cannot Be Expunged and Sealed in Ohio?

Per the Ohio Revised Code, some types of criminal convictions cannot be expunged. Following is a partial list of records that cannot be expunged and sealed in Ohio:

  • Any first- or second-degree felony,
  • Any violent crime,
  • DUI/OVI,
  • Sexual battery,
  • Rape,
  • Sexual imposition,
  • Gross sexual imposition,
  • Domestic Violence
  • Pornography involving a minor,
  • Obscenity involving a minor,
  • Use of a minor in pornography,
  • Voyeurism,
  • Corruption of a minor,
  • Felonious sexual penetration, and
  • Traffic offense involving bail forfeiture.

Other offenses that cannot be expunged if the victim was under the age of 18 include:

  • Promoting prostitution,
  • Compelling prostitution,
  • Public indecency, and
  • Pandering obscenity.

Even if your crime is eligible for expungement, you must meet the qualifications as an eligible offender before the court will consider your motion. Those qualifications include:

  • You were not subject to mandatory jail time;
  • You were not convicted of a violent crime with a victim younger than 18; and
  • You were not convicted of a first- or second-degree felony.

Finally, to qualify to have your record expunged, you cannot currently face any pending criminal charges.

WHAT CRIMES CANNOT BE EXPUNGED IN OHIO FAQ

What If My Record Is Not Eligible for Expungement?

Recent changes to the Ohio Revised Code have relaxed some of the restrictions for having a criminal record expunged.

For example, you can now have one felony and one (separate) misdemeanor or two qualifying misdemeanor convictions expunged from your record. Previously, you could not qualify for expungement if you had an OVI conviction on your record. However, recent updates to the code removed that restriction.

Like many areas of the law, however, the codes governing expungement remain open to interpretation. Moreover, our state laws undergo regular revisions and updates. These factors provide Ohio expungement lawyers with many potential opportunities to assist you in getting your record expunged.

WHAT CRIMES CANNOT BE EXPUNGED IN OHIO FAQ

How Can an Ohio Criminal Defense Lawyer Help?

A criminal defense attorney can review the facts of your case as well as your overall criminal history. Based on what your attorney discovers, he or she can recommend strategies to help you achieve your goals.

For example, you might become eligible for expungement of a particular offense once the statutory waiting period expires. An experienced attorney may successfully eliminate the mandatory jail time exclusion in your case. Another example of how a lawyer can help you is by fighting to have any pending charges you face dropped.

The process for preparing and filing a motion for expungement presents a variety of complex challenges. An experienced attorney understands how the process works and how to help you fight to achieve your goals of a clean record.

Talk to an Attorney Today About Getting Your Ohio Criminal Record Expunged

Gounaris Abboud, LPA, assists clients in Dayton and throughout Ohio. We handle all types of criminal defense cases including OVI and DUI defense. Even if you believe you cannot have your record expunged, contact us to review your case with an experienced Ohio expungement attorney. Call us now at 937-222-1515 to learn more.

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Nicholas Gounaris

Mr. Gounaris is able to understand legal issues from many different vantage points and that experience has proved invaluable in assisting his clients. Mr. Gounaris regularly represents clients in Montgomery, Greene, Miami, Preble, and Warren Counties as well as in the Federal Courts located in the Southern District of Ohio and throughout the United States. He provides clients of the firm with competent legal representation and focuses his law practice in the areas of DUI DefenseCriminal Defense, Family Law Issues, Federal Criminal Law and Personal Injury cases.

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