John A Boyd, Attorney in Mansfield, Ohio

Ohio Expungement Laws Become More Lenient

Law Change Effective October 29, 2018

Ohio expungement laws previously allowed only a "first offender" to apply for an expungement, or to have one's record sealed. Then, the law became more relaxed and permitted a person with one felony and one misdemeanor to apply for an expungement. Now, the law has again loosened and allows a person to seal an unlimited number of misdemeanors and up to five low-level (fourth or fifth degree) felonies, with restrictions.


The law has remained the same, in that certain crimes, such as DUIs, sex offenses, felony offenses of violence, and traffic offenses continue to be ineligible for expungement. A complete list of ineligible offenses can be found here: Ohio Revised Code (R.C.) 2953.36.


Waiting Periods

If a person has been convicted of only misdemeanor offenses, each offense is eligible for expungement after one full year from final discharge from the court, meaning that the person has paid all fines and costs, completed any jail sentence, and been terminated from probation. If the person has been convicted of a single felony, they have to wait three years from final discharge. If the person has been convicted of two felonies, they have to wait four years, and if they have been convicted of three to five prior felonies, they have to wait five years before becoming eligible for expungement.


For a low, one-time flat fee, plus a filing fee of $50, a person can often hire an attorney to assist them in petitioning the court for an expungement, and representing the person at the following expungement hearing. Even if a person is eligible under the law, it is still the person's duty to demonstrate for the court that they are rehabilitated to the satisfaction of the court. It is therefore recommended to utilize an attorney to highlight the reasons and make the best arguments in favor of expungement on the person's behalf.


Third Party Vendors

Finally, although an expungement means that a record is sealed under law, an expungement does not automatically result in a complete destruction of all third party records of conviction. Private companies collect court records from time to time, and are typically not notified of the expungement. Therefore, an attorney can help the client utilize a third party vendor to make sure that these third party records are destroyed. Filing fee to utilize this service is typically $45.


If you have been previously convicted of a crime, including as many as five low-level felonies, it makes sense to talk to a lawyer about the possibility of seeking an expungement under this new law. Attorney John Boyd offers a free consultation for these types of matters, and often, for a reasonable cost, you can have a professional lawyer advocate on your behalf to help the judge understand why you have been rehabilitated to the satisfaction of the court.


-John A. Boyd

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