NEW OHIO EXPUNGEMENT LAW PASSED!

Senate Bill 337 was recently signed into law by Ohio Governor Kasich. The newly enacted law which takes effect this fall alters what can be sealed and who is able to apply for his/her record to be sealed. The bill changes the words “first offender” to “eligible offenders.” “First offender” was defined as a person who “previously or subsequently has not been convicted of the same or a different offense in this state or any other jurisdiction.” In contrast, “eligible offender” is defined as a person who “has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the same offense, or not more than one felony conviction and one misdemeanor conviction in this state or any other jurisdiction.” In other words, the courts are now able to seal either one felony and one misdemeanor or two misdemeanors if they are not of the same offense. In order to have a conviction sealed, there must be a hearing after the application is filed. The prosecutor from the original case may object to having the conviction sealed. The court then must have its regular probation officer, a state probation officer, or the department of probation of the county where the applicant lives “make inquiries and written reports as the court requires concerning the applicant.” If the judge rules in favor of the applicant, the offender’s previous convictions will be sealed. This could potentially help non repeat offenders to regain their constitutional rights, more specifically their 2nd Amendment rights, which would otherwise be denied to them. It is important that someone considering this process with regards to their firearm rights contact a qualified gun lawyer before proceeding as there are many nuances to not only the state law but also federal law.