Ohio Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Generally speaking, you are eligible to apply for expungement if your convictions were all non-violent, non-sex-oriented, did not involve a minor, and were either misdemeanors or felonies of the fourth, fifth, or sometimes third degree.

If you were charged with a crime, but the case was dismissed or a court or jury found you not guilty, you can have those records of your charges expunged and sealed as well.

An Eligible Offender may apply to the sentencing court for a felony expungement and sealing of the record of their conviction at the expiration three years from the termination of their case when convicted of a felony offense.

The three convictions that are part of a lifelong record include rape, murder, and aggravated murder. In addition, if you were convicted of a crime for which you were required to serve mandatory jail time, regardless of the crime, this conviction cannot be expunged.

Eligible minor misdemeanors can be expunged after 6 months. Eligible M1-M4 misdemeanors can be expunged after one year. Eligible felonies can be expunged after 11-13 years.

With some exceptions, if you wish to apply for an expungement in Ohio, you must wait: 1 year after a misdemeanor, 4th degree felony, or 5th degree felony conviction. 3 years after a 3rd degree felony conviction. 7 years after a conviction of soliciting improper compensation.

Once you receive an expungement, you no longer must disclose the conviction. Understand that when the court seals your record, it still could remain accessible for limited purposes. But private individuals and background checking companies should not have access.

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Ohio Motion to Expunge Criminal Offender Record due to Charges having been Dismissed