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On October 28, 2018, the Ohio Legislature’s updated definition of an “eligible offender” went into effect, changing eligibility considerations. In order to be eligible for expungement or record sealing, there are three areas of eligibility that must be met:
You are only an eligible offender if you qualify under all three eligibility components. The new definition affects the first component, criminal history. Previously, an eligible offender could have a maximum of two (2) misdemeanor convictions; or one felony conviction and one misdemeanor conviction. Now, an eligible offender can have unlimited misdemeanor convictions sealed and up to five felony convictions sealed if the felony convictions are of the fifth or fourth degree. This change has opened the door for many Ohioan’s who didn’t qualify records sealing before, but will now. Call (740) 363-3900 to schedule a consultation with an Attorney to learn if you fit the new definition!
But that’s not all! The second component of eligibility, the type of offense, was clarified to provide for offenders with ineligible offenses – including felony sex offenses, offenses of violence pursuant to R.C. 2901.01(A)(9), or convictions of the first, second, or third degree – the opportunity to revert to the definition of offender in effect prior to October 28, 2018, for determination of expungement eligibility.
As for the third component, the completion of an applicable waiting period, the time periods largely remained the same, except as highlighted in bold below:
|First Felony||Three (3) Years after completion of sentence|
|Second Felonies||Four (4) Years after completion of sentence|
|Third, Fourth, or Fifth Felonies||Five (5) Years after completion of sentence|
|No Bill or No Indictment Cases||Two (2) Years after no bill/declination|
|Dismissal or Acquittal at Trial||No waiting period|
Stay tuned for our next post explaining which offenses are never eligible for expungement or records sealing.
If you want to find out what our attorneys can do for you, call 740-363-3900 today to schedule an expungement/seal records consultation with one of our Attorneys to learn what options are available to you.
Brian Glen Jones graduated from Ohio Wesleyan University with a Bachelors Degree in Politics and Government. He then went on to earn his Juris Doctorate degree from the University Of Akron School Of Law. Brian has been a lifelong resident of Ohio. Brian is licensed to practice law in the state of Ohio and before the United States District Court for the Northern and Southern Districts of Ohio.
Calling a knowledgeable criminal defense lawyer before speaking to law enforcement is the best way to protect your future. Our attorneys will work to minimize or eliminate the possibility of jail time, a prison sentence, probation, hefty fines and a permanent criminal record. Call us now at 740-363-3900 to schedule your appointment with one of the firm’s knowledgeable attorneys.
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