How Do You Get a Felony Expunged in Ohio?
In Ohio, having a felony conviction on your record can be a significant obstacle to employment, housing, and education opportunities. Fortunately, Ohio law provides a process for expunging certain felony convictions, allowing individuals to have their records cleared and start anew. In this article, we will outline the steps to get a felony expunged in Ohio and provide important information to guide you through the process.
Eligibility
Before we dive into the process, it’s essential to understand who is eligible for felony expungement in Ohio. According to Ohio Revised Code (ORC) Section 2953.32, felony convictions can be expunged if:
- You were convicted of a non-violent felony offense that is not a sex crime or a crime of violence.
- You have not been convicted of any felony or misdemeanor offenses within the past 10 years (from the date of expungement).
- You have not been convicted of any drug-related offenses or any offenses involving a drug-related death or injury within the past 10 years.
- You have completed your sentence, including probation, and have not violated any conditions of your supervision.
Steps to Expunge a Felony Conviction in Ohio
Step 1: Wait the Statutory Period
Before applying for expungement, you must wait the statutory period, which is 10 years from the date of your sentence completion or discharge from parole, whichever is later.
Step 2: Gather Required Documents
Gather the following documents:
- A certified copy of your felony conviction
- Proof of completion of your sentence, including proof of discharge from parole
- A certified copy of your probation or community control sanctions certificate (if applicable)
- A copy of your rap sheet (background check) from the Ohio Bureau of Criminal Identification and Investigation (BCI&I)
- A written statement requesting expungement, signed under oath
Step 3: File a Petition for Expungement
File a Petition for Expungement with the court that imposed your sentence. The petition must include:
- Your name and address
- A description of the offense you are seeking to expunge
- The date and place of your conviction
- A statement that you have complied with all court-ordered sanctions and paid all fines and restitution
Step 4: Serve the Prosecuting Attorney
Serve the prosecuting attorney with a copy of the petition and any supporting documentation. The prosecuting attorney will have 30 days to respond to your petition.
Step 5: Attend a Hearing (If Necessary)
If the prosecuting attorney opposes your petition, a hearing will be scheduled. You will have the opportunity to present your case and answer questions from the court.
Step 6: Receive the Court’s Decision
If your petition is granted, the court will issue an order of expungement. If your petition is denied, you can appeal the decision to the Court of Appeals.
Key Considerations
- Time is of the essence: The statutory period to wait before applying for expungement is 10 years, so it’s essential to act promptly if you’re eligible.
- Accuracy is crucial: Ensure that all documents and information provided are accurate, as errors can delay or even deny your petition.
- Representing yourself: While it’s possible to represent yourself, having an attorney can be beneficial in navigating the process and ensuring your rights are protected.
- Expungement is not a guarantee: The court has the discretion to deny your petition, so it’s essential to be prepared for any outcome.
Frequently Asked Questions
- What is the difference between expungement and sealing? Expungement removes the felony conviction from your record, while sealing hides the information from public view but still requires disclosure in certain circumstances.
- Can I still be denied a job or housing with an expunged conviction? While an expunged conviction can improve your chances of securing employment or housing, it’s not a guarantee, as some employers or landlords may still require disclosure or have specific requirements.
- Can I expunge multiple felony convictions? Yes, you can petition to expunge multiple felony convictions, but each case must meet the eligibility requirements and be filed separately.
Conclusion
Expunging a felony conviction in Ohio can be a complex process, but it’s worth the effort. By understanding the eligibility requirements, steps to expunge, and key considerations, you can increase your chances of a successful outcome. Remember to act promptly, ensure accuracy, and consider seeking professional representation to guide you through the process.
