Ohio has statewide rules of expungement.
Individuals in Ohio searching someone's criminal background can review records at any Ohio courthouse. The records will detail the person's criminal conviction. Ohio considers criminal offenses public record, according to Ohio Public Records. Expunging a criminal record erases it, according to Ohio Revised Code Sections 2952.32 and 2953.52. An expunged record allows the defendant to withhold information about the case, as if he never committed the crime.
First Offender Rule
The term first time offender means no prior convictions exist in Ohio for the defendant. The state's expungement rules state a first offender may apply for expunction of his record with the sentencing court in Ohio. As of 2010, the court charges a $50 fee to apply for expunction, according to the Hamilton County Ohio website. The court may turn down the application in three years after the offender's final discharge if convicted of a felony. If the offender's conviction was a misdemeanor, he may apply one year after the final discharge. The court decides if the offender has had successful rehabilitation. If he has no other cases pending, the court can grant expungement and delete all records of the case.
No Conviction Rule
If a defendant's verdict is not guilty or the court dismisses the case, Ohio still keeps a public record on file. In this instance, the Ohio expungement no-conviction rule allows the defendant to ask the court to erase the record as soon as the case concludes. The court waives the $50 fee to file for expunction for no-conviction cases. The court sets a hearing date and determines whether the defendant has any other charges pending. If the court sees fit, it expunges the record.
Juvenile Rules
According to Ohio expungement rules, the court may seal criminal records of a juvenile five years after the case or on the offender's 23rd birthday, whichever comes first. The court may require the offender to file an application for expunction. State officials may investigate to determine the rehabilitation efforts of the juvenile. The court may conduct a hearing to determine if it should expunge the record. Ohio expungement rules allow the court to consider the age of the defendant, the nature of the case, the continuation of criminal behavior, education and employment status, and any other circumstances relating to the youth's rehabilitation. If the court deems the juvenile satisfactorily rehabilitated, it can order the records expunged--sealing them permanently.
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