What Types of Criminal Convictions Cannot Be Expunged?

Ohio Revised Code Section 2953.36 includes the list of offenses that are INELIGIBLE for expungement.  Because 2953.36 includes only section numbers of statutes (and not the names of the offenses), this blogpost will present the list of ineligible offenses in a much easier to format to follow.  Thus, one may not file to have a prior conviction expungement if the offense is one of the following:

(A)   Convictions when the offender is subject to a mandatory prison term;

(B)   Convictions of the following:

  1. Convictions of any of the following sex offenses:
    1. Rape
    2. Sexual Battery
    3. Unlawful Sexual Conduct with a Minor
    4. Gross Sexual Imposition
    5. Sexual Imposition
    6. Pandering Obscenity Involving a Minor
    7. Pandering Sexually Oriented Material Involving a Minor
    8. Illegal Use of Minor in Nudity-Oriented Material or Performance
  2. Convictions for Motor Vehicle and Licensing Laws, such as:
    1. Convictions under Ohio Revised Code Chapter 4507: Driver’s License Law
    2. Convictions under Ohio Revised Code Chapter 4510: Driver’s License Suspension, Cancellation, or Revocation Laws
    3. Convictions under Ohio Revised Code Chapter 4511: Traffic Laws – Operation of Motor Vehicles
    4. Convictions under Ohio Revised Code Chapter 4549: Motor Vehicle Crimes
    5. PLEASE NOTE: Although convictions under this section are ineligible to be expunged, so long as they are minor misdemeanor violations, they DO NOT count towards the one felony/one misdemeanor or two misdemeanor case limits set forth above.

(C)   Convictions of an offense of violence when the offense is a misdemeanor of the first degree or a felony;

  1. However, the following violent offenses are still be eligible for expungement:
    1. Rioting
    2. Assault (misdemeanor of first degree version only)
    3. Inciting to Violence (misdemeanor of first degree version only)
    4. Inducing Panic (misdemeanor of first degree version only)

(D)   Convictions for Importuning on or after October 10, 2007;

(E)    Convictions on or after October 10, 2007 for the following offenses IF THE VICTIM OF THE OFFENSE WAS UNDER EIGHTEEN YEARS OF AGE:

  1. Voyeurism
  2. Public Indecency
  3. Compelling Prostitution
  4. Promoting Prostitution
  5. Enticement or Solicitation to Patronize a Prostitute
  6. Procurement of a Prostitute for Another
  7. Disseminating Matter Harmful to Juvenile
  8. Displaying Matter Harmful to Juvenile
  9. Pandering Obscenity
  10.  Deception to Obtain Matter Harmful to Juveniles

(F)    Convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age AND THE OFFENSE IS A MISDEMEANOR OF THE FIRST DEGREE OR A FELONY;

  1. This does not include convictions for Nonsupport or Contributing to Nonsupport of Dependents.

(G)  Convictions of a felony of the first or second degree;

(H)   Bail forfeitures in a traffic case as defined in Traffic Rule 2.

The above list can get rather confusing.  If you have any questions or concerns regarding your eligibility to have your prior record or records of conviction expunged, please contact me at (937) 750-8808.

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About Jon Horwitz

Jon Horwitz is an experienced criminal defense lawyer dedicated to helping people charged of a crime. He is dedicated to providing honest, straightforward advice and advocacy in order to get the best possible result for each client. Jon currently lives in Centerville with his wife and two children. He coaches basketball through the Centerville Hustle organization and is a former soccer coach. He continues to play soccer and is an avid fan of the sport.

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