Expungement after Mandatory Jail Terms
|
| Even if you otherwise qualify for an expungement, your offense still may not be able to be expunged. Expungement is an act of grace created by the state. State v. Hamilton (1996) 75 Ohio St.3d 636 at 639. The expungement provisions are remedial in nature and must be liberally construed to promote their purposes. State ex rel. Gains v. Rossi (1999), 86 Ohio St.3d 620 at 622. However, expungement should be granted only when all requirements for eligibility are met. State v. Simon (2000), 87 Ohio St.3d 531 at 533, citing Hamilton. |
The procedures for sealing of a record of conviction are set forth in specific statutory provisions, Ohio Revised Code Sections 2953.31 through 2953.36, but it should be noted that "the conviction records of some offenders cannot be sealed." Simon, at 533 citing R.C. 2953.36. It is also well-established that, if an applicant's conviction is not eligible for expungement, the trial court lacks jurisdiction to grant the requested relief. State v. Jithoo, 2006 Ohio App. LEXIS 4920 (September 26, 2006), Franklin Co. App. No. No. 05AP-436 at paragraph 15.
R.C. 2953.36(A) states that the law's expungement provisions do not apply to convictions when the offender is subject to a mandatory prison term. So if you were convicted of an offense which mandates a certain jail term, then you are ineligible to have the record of your conviction expunged, even if you otherwise meet all of the statutory criteria for expungement.
Continue on to our complete guide to Ohio expungement law
|