Ohio Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

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.

For expungement of a felony conviction, a person may file an application with the sentencing court ten years after the person is eligible for record sealing. The court process for expungement is substantially the same as the court process for record sealing.

It is a legal process provided under Section 2953 of the Ohio Revised Code that allows one to have any and all references to a prior criminal conviction cleared and their court file sealed. The result of this process is as if you were never convicted of the crime.

After BCI&I receive notification of the expunged record, their process to remove state records can take two to four months to complete.

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.

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.

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.

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Ohio Petition for Expungement of Record in Case of Acquittal and Release without Conviction