How to expunge a felony in Ohio?

How to Expunge a Felony in Ohio

Expungement is a legal process in Ohio that allows individuals who have been convicted of certain crimes to have their criminal records sealed or erased from public view. This article will guide you through the process of expunging a felony in Ohio and provide important information to keep in mind.

Eligibility for Felony Expungement in Ohio

Not all felons are eligible for expungement in Ohio. You must meet certain criteria, including:

• Having completed your sentence: This includes serving your prison or jail time, paying all fines and restitution, and completing any probation or community control.
• Wait period: You must have waited a certain amount of time since the completion of your sentence. The time period varies depending on the type of felony:

  • Class 1 (most serious) felonies: 10 years since the completion of your sentence
  • Class 2 or 3 felonies: 5 years since the completion of your sentence
  • Class 4 or 5 felonies: 3 years since the completion of your sentence

• Discharge from community control: If you were placed on probation or community control as part of your sentence, you must have been discharged and not have any outstanding commitments.

Types of Expungement in Ohio

There are two types of expungement in Ohio:

• Full expungement: This expunges all records and information related to the arrest and conviction from public access.
• Limited expungement: This keeps some records, such as those related to victim impact, from being expunged.

The Process of Expunging a Felony in Ohio

The process of expunging a felony in Ohio can be complex and time-consuming. Here are the steps you need to follow:

1. Gather required documents: You will need to gather several documents, including:

   • A certified copy of your conviction
   • Proof of completion of your sentence
   • Proof of discharge from community control, if applicable
   • Proof of identity and social security number

2. Fill out the necessary forms: You will need to fill out the Petition for Expungement and the Order Granting Expungement forms. You can obtain these forms from the court or online from the Ohio Supreme Court.
3. File your petition: Take the filled-out forms to the county court where you were convicted and file them with the clerk of courts.
4. Pay the required fee: You will need to pay a filing fee, which varies by court.
5. Notice to the prosecutor: The prosecutor’s office will be served with a copy of the petition and will have a certain amount of time (usually 30 days) to respond.
6. Hearing: A hearing will be scheduled by the court, and both you and the prosecutor may be required to appear. The judge will review the petition and make a determination on whether to grant expungement.
7. Order granting expungement: If the court grants your petition, a Order Granting Expungement will be issued, and your conviction will be expunged.

What Happens After Expungement is Granted

After your expungement is granted:

• Your conviction is sealed: Your conviction and any related records will no longer be available to the public.
• Most employers and landlords cannot obtain your conviction record: In most cases, employers, landlords, and other companies will not be able to access your conviction record.
• You can answer employment and housing applications as though you were never convicted: You can truthfully say that you were never convicted of a crime.

Important Considerations

Limited access to expunged records: While most employers and landlords cannot obtain your conviction record, law enforcement and certain government agencies may still have access.

Not all crimes can be expunged: Certain crimes, such as murder, rape, or other serious offenses, are exempt from expungement under Ohio law.

What to Do if Your Expungement is Denied

If your expungement is denied, you will receive a written explanation for the denial. You have the right to appeal the decision, but you should consult with an attorney first to discuss your options and the likelihood of success.

Conclusion

Expunging a felony in Ohio can be a complex process, but it can help individuals with a criminal past to move forward and start new lives. By understanding the eligibility requirements, the expungement process, and what to expect after a conviction is expunged, you can take steps to achieve a fresh start. Remember to consult with an attorney if you need guidance throughout the process.

Timeline for Felony Expungement in Ohio

Filing Fees for Felony Expungement in Ohio (varies by court)

Note: Filing fees may change, and it’s always best to check with the court or an attorney to confirm the current fee.

Resources

• Ohio Revised Code: ORC § 2953.23
• Ohio Supreme Court: ohio.gov/courts/general-information/expungement.aspx
• Ohio Law Enforcement: ohio.gov/higher-education-and-military/justice-system/juvenile-justice/delinquent-juveniles/expungement-of-a-felony-conviction