Per ORC § 2901.01(A)(9), “offense of violence” includes violation of the following sections:Ģ903.04 (Involuntary Manslaughter) (F3 or F1)Ģ903.15 (Permitting Child Abuse) (F1 or F3)Ģ907.05 (Gross Sexual Imposition) (F3 or F4)Ģ909.24 (Terrorism) one degree higher than underlying offenseĢ917.01 (Inciting to Violence) (F2, F3, or F4)Ģ917.02 (Aggravated Riot) (F3, F4, or F5)Ģ917.31 (Inducing Panic) (F2, F3, F4, or F5)Ģ921.04 (Intimidation in a Juvenile Proceeding) (M1, F5, F4 or F3)Ģ923.161 (Improperly Discharging a Firearm into a Home, School Zone) (F2)Ģ911.12(A)(1),(2),or (3) (Burglary) (F2 of F3)Ģ919.22(B)(1)-(4) (Endangering Children) (F2 or F3)įormer 2907.
ORC § 2953.36 provides that the following convictions cannot be sealed:Īny conviction for which the offender is subject to a mandatory prison term.Īny conviction under the following sections:Ģ907.321 (Pandering Obscenity Involving a Minor)Ģ907.322 (Pandering Sexually Oriented Matter Involving a Minor)Ģ907.323 (Illegal Use of a Minor in Nudity Oriented Material or Performance)Ĭhapter 4506 (Commercial Driver's License Laws)Īny conviction of a municipal ordinance that is substantially similar to any aforementioned chapterĬonvictions of an offense of violence when the offense is a misdemeanor of the first degree or a felony AND when the offense is NOT a violation of:Ģ903.13 if misdemeanor of 1st degree (Assault)Ģ917.01 if misdemeanor of 1st degree (Inciting to Violence)Ģ917.31 if misdemeanor of 1st degree (Inducing Panic)Ĭonvictions on or after October 10, 2007, under the following sections:Ģ907.07 or a municipal ordinance substantially similar to the section (Importuning)Ĭonvictions on or after Octounder the following sections when the victim was under 18 years of age:Ģ907.23 (Enticement or Solicitation to Patronize a Prostitute Procurement of Prostitute for Another)Ģ907.31 (Disseminating Matter Harmful to Juveniles)Ģ907.311 (Displaying Matter Harmful to Juveniles)Ģ907.33 (Deception to Obtain Matters Harmful to Juveniles)Ĭonvictions of an offense in circumstances in which the victim was under 16 years of age when the offense is a misdemeanor of the first degree or a felony, EXCEPT:Ģ919.21 (Nonsupport or contributing to Nonsupport of Dependents)Ĭonvictions of a felony of the first or second degree Any conviction not expressly listed in this memorandum should be considered sealable under ORC §§ 2953.31-2953.35. This memorandum will exhaustively list each conviction that cannot be sealed. As set forth under the Ohio Expungement Law, ORC 2953.36, no convictions under. ORC § 2953.36 provides a list of all convictions to which the aforementioned sections do not apply. 2907.05 (gross sexual imposition), O.R.C.
S.Ohio Revised Code (hereinafter “ORC”) §§ 2953.31-2953.35 are the relevant sections regarding the sealing of records of convictions. (An exception to this rule is failure to pay child support which is now eligible for expungement. Deception to Obtain Matter harmful to Juveniles Gross sexual imposition (ORC §2907.05) Sexual battery (ORC §2907.03) Obscenity involving a minor (ORC §2907.321) Corrupting a minor (ORC §2907.04) Illegal use of a minor in pornography (ORC §2907.323) Pornography involving a minor (ORC §2907.322) Bail forfeitures in traffic cases (Traffic Rule 2) Motor vehicle violations (ORC Chapter 4511.Disseminating Matter Harmful to Juveniles.
AlsoĪdditionally, the Ohio Revised Code has been amended and passed over the years to preclude additional felony convictions and misdemeanor convictions, where there was a victim under the age of 18, including: Violent crimes with first-degree misdemeanor or felony charges cannot be expunged, with the exception of first-degree misdemeanor convictions for inciting to violence (ORC 2917.01), assault (ORC 2903.13), riot (ORC 2917.03), or inducing panic (ORC 2917.31). been convicted of or pleaded guilty to a violation of O.R.C. First- or second-degree felonies cannot be expunged from the record. Whoever violates this section is guilty of sexual imposition.