State Law Summary

Ohio

Disclaimer

The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.

Primary Sources: Texas Gov. Code Chap. 411 (2017) | Sec. 411.072 | 411.0725 | 411.073 | 411.0731 | 411.0735 | 411.074 (all 2017) | Art. 55.01(2019)

Secondary Sources: Office of the Prosecutor Resources(accessed 7/13/2020) | Legal Aid Society of Cleveland (2020) | Ohio CCRC(7/13/2020)

Summary of the Law

CONVICTIONS: Ohio Revised Code section 2953.31 | ORC-2953.36 Sealing of record of conviction exceptions. | 2953.32 Sealing of conviction record or bail forfeiture record.

  1. Misdemeanors: Sealing for non-violent, non-sexual misdemeanors upon one year after completion of sentence if clean.
  2. Felonies: Sealing for non-violent, non-sexual felonies level 3, 4, or 5 upon 3 years if a person has one felony, 4 years if two felonies level 4 or 5 , 5 years if three, four, or five felonies level 4 or 5.
  3. Not Eligible: 1st and 2nd degree felonies, violent offenses (defined here) , sexual offenses, 4DUI/OVI offenses (all ineligible listed in Ohio Revised Code section 2901.01(A)(9).)
  4. Lifetime or Other Limits:
    1. A person is eligible only if they meet the requirements listened in A or :
      1. Person must have no more than five 4th or 5th degree felonies and no expungement 1st, 2nd, or 3rd degree felony convictions; OR
      2. Have two or less misdemeanor convictions; or not more than one misdemeanor conviction and one felony conviction.
    2. Not eligible is any pending cases or if under sentence in another case.
  5. LFO Payment Required for Sentence Completion: Payments of all fines or fees required before eligible.
  6. Other Unmodeled Criteria or Details:
    1. Expungement for prostitution convictions as a result of human trafficking
    2. Sealing for juvenile records 6 months after discharge.
    3. Traffic Offenses

NON-CONVICTIONS: Ohio Revised Code section 2953.31

  1. Sealing for non-conviction records upon disposition or, if the grand jury fails to return indictment, then 2 year waiting-period..

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