Can You Get a Felony Expunged in Ohio?
In Ohio, a felony conviction can have severe and long-lasting consequences, including the loss of certain rights and privileges. However, it is possible to have a felony conviction expunged, or erased, from your criminal record. But what are the requirements and process for doing so?
Eligibility for Felony Expungement in Ohio
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, the following individuals may be eligible for felony expungement:
• First-time offenders: Individuals who have never been convicted of a felony before may be eligible for expungement.
• Non-violent felons: Those convicted of non-violent felonies, such as drug offenses or property crimes, may be eligible for expungement.
• Low-level drug offenders: Individuals convicted of low-level drug offenses, such as drug possession or trafficking, may be eligible for expungement.
The Expungement Process in Ohio
The process for expunging a felony conviction in Ohio involves several steps:
- Filing the Petition: The individual seeking expungement must file a petition with the court where they were convicted. The petition must include specific information, such as the individual’s name, date of birth, and the offense for which they were convicted.
- Waiting Period: After filing the petition, the individual must wait for a specified period of time, which varies depending on the type of offense and the individual’s criminal history. For most felony offenses, the waiting period is five years.
- Background Check: The court will conduct a background check to ensure that the individual has not been convicted of any other crimes during the waiting period.
- Hearing: The court will schedule a hearing to consider the petition. The individual seeking expungement must appear at the hearing and provide evidence that they have complied with the terms of their sentence and have not been convicted of any other crimes during the waiting period.
- Order of Expungement: If the court grants the petition, it will issue an order of expungement, which will seal the individual’s criminal record.
Fees and Costs
The cost of expungement in Ohio varies depending on the county and the type of offense. Typically, the fees range from $500 to $2,000. Additionally, individuals may need to pay for the services of an attorney to help them navigate the process.
Challenges to Expungement
While the process of expungement may seem straightforward, there are several challenges that individuals may face:
• Multiple Offenses: If an individual has been convicted of multiple felony offenses, they may not be eligible for expungement.
• Violent Crimes: Those convicted of violent crimes, such as murder or rape, are generally not eligible for expungement.
• Sex Offenses: Individuals convicted of sex offenses may not be eligible for expungement.
• Background Check: The background check process can be lengthy and may result in delays or denials.
Conclusion
Expunging a felony conviction in Ohio can be a complex and time-consuming process, but it is possible for eligible individuals to have their records cleared. By understanding the eligibility requirements, the expungement process, and the potential challenges, individuals can take steps to restore their rights and move forward with their lives.
Table: Expungement Eligibility Requirements in Ohio
| Type of Offense | Waiting Period | Background Check |
|---|---|---|
| Non-Violent Felonies | 5 years | Required |
| Low-Level Drug Offenses | 5 years | Required |
| Violent Crimes | Not eligible | N/A |
| Sex Offenses | Not eligible | N/A |
Frequently Asked Questions
Q: Can I expunge multiple felony convictions at once?
A: No, expungement is typically granted for a single felony conviction. If you have multiple convictions, you will need to file separate petitions.
Q: Will expungement remove all records of my conviction?
A: Expungement will typically remove all public records of your conviction, but may not remove all records maintained by law enforcement or government agencies.
Q: Will expungement restore my voting rights?
A: Expungement may restore your voting rights, but it depends on the specific circumstances of your case and the laws of your state.
Q: Can I get a job or loan after expungement?
A: Yes, an expunged conviction should not affect your ability to get a job or loan, but it’s always best to check with potential employers or lenders to confirm.
By understanding the laws and process surrounding felony expungement in Ohio, individuals can take steps to clear their records and move forward with their lives.
