in Ohio can a felony 5 conviction be expunged for aggravated possession of drugs?

I was charged with aggravated possession of drugs in 2002. I have not had any offenses at all since. Is there anything I can do to get this expunged? I am recently laid off and have found it very hard to find work with this on my record. Is there anything i can do?

Asked on June 25, 2009 under Criminal Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Based on my research I believe that this conviction can be expunged/sealed.  However, I'm not admitted to practice in Ohio, so you should consult with an attorney in your area on this.

Basically, you are eligible for expungement/sealing if you meet all of the following six conditions:

1) The conviction you are trying to expunge is NOT for one of the crimes or categories of crimes listed. (Convictions of the crimes listed CANNOT be sealed.)  If you don’t know the crime for which you were convicted, contact the Clerk of the Courts. Remember your case was “criminal,” so be sure to go to the appropriate part of the Clerk’s office.  Request a certified copy of the Judgment Order of Conviction(s).  You will need to give the Clerk your case number.  If you do not have the number, ask the Clerk to use the computer to look it up.  For a small fee (one or two dollars), the Clerk will give you a copy.  If the Judgment Order of Conviction mentions one of the crimes listed below, you cannot get your record sealed.

rape (ORC §2907.02)
sexual battery (ORC §2907.03)
corrupting a minor (ORC §2907.04)
gross sexual imposition (ORC §2907.05)
sexual imposition (ORC §2907.06)
obscenity involving a minor (ORC §2907.321)
pornography involving a minor (ORC §2907.322)
illegal use of a minor in pornography (ORC §2907.323)
all driver’s license violations (ORC Chapter 4507)
motor vehicle violations (ORC Chapter 4511)
bail forfeitures in traffic cases (Traffic Rule 2)
misdemeanors of first degree or felonies where victim is under the age of 18
felonies of the first or second degree
offenses of violence that are misdemeanors of first degree or felonies
(except the following offenses of violence can be expunged: convictions for riot (2917.03) and misdemeanor convictions for assault (2903.13), inciting to violence (2917.01), and inducing panic (2917.31))

2) You were NOT subject to a mandatory prison term for the conviction you seek to expunge (in other words, you were eligible for probation for that conviction).  Even if you were actually sentenced to prison time, as long as you were eligible for probation.

3) This was your first and only conviction.  You have never been convicted of the same crime or any other crime in this or any other state. UNLESS:

a) You were convicted of two or more crimes based upon the same action. In that case, all of these convictions will be considered your first and all can be erased from your record. For example, if you were convicted of shoplifting and resisting arrest as a result of the shoplifting, you can get both records sealed. OR

b) Your other convictions are for minor misdemeanors. Minor misdemeanors, including most traffic offenses, do not count as criminal convictions. These charges should not prevent you from having your record sealed.

4) You were convicted of a misdemeanor and more than one year has passed since your “final discharge,” or you were convicted of a felony and more than three years have passed since your “final discharge.” Final discharge means completion of jail time and/or probation.

5) You currently do not have any criminal or traffic proceedings pending against you.

6) You have not had any other case expunged.

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to contact the Clerk of Courts in the county where you were convicted to obtain information regarding the expungement process. They can also tell you if you are eligible to apply for expungement after they review your record.


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