A first offender may be eligible to have his offense removed from public record.
If the Ohio courts recognize an offense as a first offense, the conviction record can be sealed. This means the record is made unavailable to the public. In order for the court to recognize a person as a first offender, the offense must be the first conviction on record from any jurisdiction. Some misdemeanors do not qualify as offenses subject to this rule; these include violating driver's license laws (including suspension), traffic laws and motor vehicle laws.
Sealing of Conviction Record
In order for the court to seal the conviction record, the offender must apply to the sentencing court and pay the application fee of $50. For a felony, the application can first be made three years after a sentence (or expiration of final discharge) is served. For a misdemeanor, the application can be made one year after a sentence is served. In addition, anyone arrested for a misdemeanor who fails to show for his specified court date (thus qualifying for bail forfeiture) may apply to have his record sealed after one year from the time and date noted in the courtroom minutes.
Inspection of Sealed Records
Section 2953.32(D) specifies who is allowed to inspect sealed conviction records. This includes law enforcement officers, prosecutors, parole officers, the bureau of criminal identification and investigation, the attorney general or an authorized employee of the attorney general, and the person who is the subject of the record.
Restrictions for Approved Inspectors of Sealed Records
Once a record has been sealed, it's considered confidential. Any release of the record involving employment, bonding or licensing, or any release of arrest or trial information is considered a misdemeanor in the fourth degree.
Restoration of Rights and Privileges
After a sentence has been served, the state will restore most, if not all, of your previously held rights, depending on the charge. If this was a first offense and the application for a seal of conviction is approved by the court, section 2953.33 states that the seal restores...all rights and privileges not otherwise restored by termination of the sentence.
Exceptions
Some first offenders may have committed crimes for which their records cannot be sealed. These crimes include rape, sexual battery and any sex crime involving a minor. Other situations preventing sealing of a conviction record include any conviction where the offender is subject to a mandatory prison term, convictions of a first or second degree felony and convictions where the victim is less than 18 years of age. Bail forfeiture in a traffic case is also an exception; those records cannot be sealed.
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