First Offender Status and Previous Expungements
 In Ohio, only a first offender qualifies for consideration for expungement of a criminal record once the requisite amount of time since the conviction has passed. "Expungement is an act of grace created by the state," and so is a privilege not a right.' State v. Simon (2000), 87 Ohio St.3d 531 at 533 quoting State v. Hamilton (1996), 75 Ohio St. 3d 636 at 639. In light of its nature, '[e]xpungement should be granted only when all requirements for eligibility are met.' Simon at 533.
"Ohio Revised Code Section 2953.32 permits a 'first offender' to apply to the sentencing court for sealing of a conviction record. If the applicant is not a first offender, the trial court lacks jurisdiction to grant the requested expungement. In the Matter of Barnes, 2005 Ohio App. LEXIS 6181 (December 27, 2005) Franklin Co. App. No. 05 AP 355. 'As a result, an order expunging the record of one "who is not a first offender is void for lack of jurisdiction and may be vacated at any time.'" Barnes at Paragraph 13, quoting State v. McCoy, 2004 Ohio App. LEXIS 6238 Franklin Co. App. No. 04A AP 121 at Paragraph 11.
|
| If you have previously had a conviction expunged, you cannot argue that the court must ignore your expunged conviction in deciding whether or not you are a first offender. State v. Cantrell, 2007 Ohio App. LEXIS 3338 (July 17, 2007) Richland Co. App. No. 06CA105. Ohio's Fifth District Court of Appeals reasoned that to create a string of expunged cases and a crime spree of expunged convictions where the applicant is determined to be a first offender only by virtue of each expungement was improper. So don't think you can hide a previously expunged conviction from the court considering your next conviction to be expunged. |
Continue on to our complete guide to Ohio expungement law
|