Eligibility to Seal a Criminal Record in Ohio

Expungement is the process of sealing a conviction record or a bail forfeiture record in the state of Ohio. Expungement is desirable for many criminal offenders, but not everyone qualifies. § 2953.31 of the Ohio Revised Codes sheds some light on expungement eligibility.

As used in sections 2953.31 to 2953.36 of the Revised Code:

"Eligible offender" means anyone who has been convicted of an offense in this state or any other jurisdiction and who has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the same offense, or not more than one felony conviction and one misdemeanor conviction in this state or any other jurisdiction.

There are some exceptions to the two-conviction rule. According to this statute, two or more convictions can be counted as one conviction when:

  • The two or more convictions resulted from the same act or at the same time; or
  • "Two or three convictions result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time."

Also, many "minor misdemeanors" such as some motor vehicle offenses do not count as convictions in this section.

Am I Eligible for Expungement?

You may be eligible for expungement if:

  • You have no more than one felony conviction; or
  • Not more than two misdemeanor convictions.
  • Not more than one felony conviction AND one misdemeanor conviction.

To determine your eligibility for expungement, contact Koffel Brininger Nesbitt today at (614) 675-4845