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Ohio Legislature Updates Definition of Who is Eligible for Expungement or Sealing of Criminal Records.
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:
- Eligibility based on criminal history –how many prior convictions and whether the convictions were felonies or misdemeanors,
- Eligibility based on type of offense sought to be expunged;
- Eligibility based on waiting periods that run after completion of sentence, after a Grand Jury no bill, or after a dismissal or acquittal.
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:
| Offense | Waiting Period |
| 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.
About Brian
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.
Emily Murdock
18:26 19 Feb 20
Brian Jones didn't personally help me but what he did for my family... I will never forget. My parents are older and needed alot of legal advice. We... heard about Brian from a family friend so we figured we'd give him a shot. He was very patience with our case and worked day and night until we got what we wanted. Thank you guys so much for everything you have done for me and my family.read more
Ryan Olizio
16:29 18 Feb 20
When it comes to lawyers, Brian Jones and his team are the best in Ohio. I can not thank him enough for his time and patience with my case. Because... of him I was able to get what I wanted and more. Thank y'all so much!read more
Richard James
19:53 07 Feb 20
I have found Attorney Brian Jones to be trustworthy, hardworking, and a master in his field. Attorney Jones cares about his clients and will take... excellent care of you and your case. If you are in need of help with a criminal defense matter, you should definitely call Attorney Brian Jones.read more
Dale Michaels
16:29 28 Jan 20
I don't know about you guys but if you want things done right, the first time then contact Brian Jones. He's a one of a kind attorney with affordable... prices. Thank you guys for everything you've done for me and my family.read more
Marcia Jones
02:55 28 Jan 20
Brian Jones is the best defense attorney. He is very compassionate. He will fight for your rights. He is very trustworthy. He has a very qualified... staff including Attorney Elizabeth Orsorio Jones who is an excellent attorney also. I would recommend Attorney Brian Jones to anyone that needs legal assistance. Remember if you are in need of legal advise I would highly recommend The Law Office Of Brian Jones. I guarantee you be very satisfiedread more
Marwan Attar
02:30 28 Jan 20
Wow. What an incredible experience. I never needed a lawyer before, so needless to say I was extremely nervous walking in. I got to meet with Brian... and he was so kind and professional, I knew I was in good hands. Thank you guys so much for everything you have done for me. Your hard work and dedication to your clients is unmatched.read more
Kathleen Mergler
02:29 28 Jan 20
I’ve known Brian Jones for many years. His firm is on top of things. He is my go to guy! He is always available. I also learn so much at the... “Brian Talks”. His firm is caring and works hard. I’m impressed with the tough cases they have won.read more
b lee
02:26 28 Jan 20
Has always been helpful. Every time I have needed something he has always helped. The firm helped with custody of my children, at times I've called... for just parent advice and he has always been there.read more
Chris
15:00 24 Jan 20
Brian has the expertise that is needed in today’s courtroom. His presence and preparation in trial are the best.
Grace Meads
19:20 23 Jan 20
I would personally rather throw $10,000 away and hire another lawyer than use Brian Jones as my legal counsel. Tried charging my family 4x what our... current lawyer is charging us and that wasn’t even including if the case went to trial. We wish Brian and his law firm nothing but the best but due to his unprofessionalism and his outrageous prices I’m not sure how he will stay in business long. If you want justice for your loved ones and someone who cares and respects their clients I would not recommend him at this time.read more
Zachary Pruyn
17:36 24 Aug 19
They where great at first until weeks into my case they where always late to every court date I had. Brian asked for a continuance every time I had... court. Went to court three different times not once did he ask or try to get a plea deal. Was not able to make a payment and Chris called and told me if did not make a payment they are going to drop my case after we payed them 7,000$ they did nothing for me or my case! Also my previous court date Brian cancelled told them he was not able to make it weeks prior did not tell me I show up wait for hours and called Brian several times no answer. There are many other lawyers who care about there clients. Take my advice and do not waste your money with these fraudulent self centered and very un reliable people! To them it’s a paycheck to myself and you it’s our freedom and life!read more
Kelly Rousculp
19:59 12 Aug 19
Best criminal defense team in the Central Ohio area. If you need an attorney in Delaware County, Franklin County, Union County, Marion County, Morrow... County, Knox County, Crawford County, or surrounding areas, look no further. Brian Jones, Elizabeth Osorio and their team are top notch, and can even help in civil law and family law cases too. They are different than other law offices, because they promote this idea of "holistic criminal defense" or a holistic approach to non-criminal cases that allows them to not only focus on defending your case legally, but to look deeply at the root cause of what brought you to their office, and provide tools to honestly examine any issues that may need to be resolved (through therapy, mindfulness, self-care, etc). So that when your case is concluded, it's not just a legal win, but a personal one too.read more
Brian Davis
20:28 31 Jul 19
As a mental health professional I have worked extensively with the Brian Jones Law office, helping their clients turn a difficult legal situation... into an opportunity for positive change. Brian and his staff look out for their client's personal best interests and have always been professional and pleasant to deal with. I highly recommend them to Delaware County residents needing help with a criminal charge.read more
tangybraves1 .
14:42 11 May 19
Through the most difficult time of my life Brian Jones, Elizabeth Osorio and the staff of The Law Office Of Brian Jones was there for me every step... of the case, I was facing some very serious charges that would have changed my life for the worst. Brian and Elizabeth are aggressive when it comes to you’re rights being taken from you. They are compassionate about their work and their clients. They will do anything and everything in their power to put you in the best possible position, they will not give up. Brian and Elizabeth will not back down from prosecutors. These are real life super heroes, if you find yourself in a bad law situation give The Law Office of Brian Jones a call, you will not be disappointed.read more
Chris Helton
13:31 29 Apr 19
Attorney Brian Jones and his staff were very kind, welcoming, understanding and professional. I highly recommend.
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Tel: 740-363-3900