Ohio Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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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

Ohio criminal laws have been reformed by Senate Bill 288 which takes effect on April 4, 2023. This new law creates sweeping changes for the Sealing and Expunging of criminal records, including, conviction records, bail forfeitures, findings of not guilty, dismissed charges, and a No Bill issued by grand jury.

In Ohio, adult convictions generally cannot be ?expunged? or completely erased from your record. Instead of expungement, Ohio uses a court process called ?sealing a criminal record.? If your record is sealed, you do not have to disclose your conviction, arrest, or any charge against you when you apply for most jobs.

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.

Expungement means that the record is completely destroyed. The following provisions go into effect on April 6, 2023: Up to two (2) felonies of the third degree and a variety of felonies of the fourth and fifth degrees and misdemeanors can apply for sealing. Bail forfeiture can be sealed at the time of forfeiture.

First- or second-degree felonies cannot be expunged from the record.

Expungement in Ohio is a legal process provided under Section 2953 of the Ohio Revised Code. This allows a person to have all references to a prior criminal conviction cleared and their court file sealed. This means that, in the eyes of the law, the case never happened.

Contrary to popular belief, a criminal record is not automatically sealed, expunged, nor does it disappear after a number of years. In fact, a felony will stay on one's record until an application for expungement is filed with the Court to expunge and/or seal a record.

Yes. If having your record sealed and expunged is important to you, and you want it done right, you should have a lawyer represent you through the legal process and at court. An application to the court for a sealing and expungement of record requires drafting and filing a legal motion.

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Ohio Affidavit in Support of Motion to Order Expungement of Criminal Record