Ohio Revised Code (hereinafter “ORC”) §§ 2953.31—2953.35 are the relevant sections regarding the sealing of records of convictions. ORC § 2953.36 provides a list of all convictions to which the aforementioned sections do not apply. This memorandum will exhaustively list each conviction that cannot be sealed. Any conviction not expressly listed in this memorandum should be considered sealable under ORC §§ 2953.31—2953.35.

 

ORC § 2953.36 provides that the following convictions cannot be sealed:

 

Any conviction for which the offender is subject to a mandatory prison term.

Any conviction under the following sections:

2907.02 (Rape)

2907.03 (Sexual Battery)

2907.04 (Unlawful Conduct with a Minor)

2907.05 (Gross Sexual Imposition)

2907.06 (Sexual Imposition)

2907.321 (Pandering Obscenity Involving a Minor)

2907.322 (Pandering Sexually Oriented Matter Involving a Minor)

2907.323 (Illegal Use of a Minor in Nudity Oriented Material or Performance)

Chapter 4506 (Commercial Driver's License Laws)

Chapter 4507 (Driver’s License Laws)

Chapter 4510 (Debt Pooling Companies)

Chapter 4511 (Traffic Laws)

Chapter 4549 (Motor Vehicle Crimes)

Any conviction of a municipal ordinance that is substantially similar to any aforementioned chapter

Convictions 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:

2917.03 (Riot)

2903.13 if misdemeanor of 1st degree (Assault)

2917.01 if misdemeanor of 1st degree (Inciting to Violence)

2917.31 if misdemeanor of 1st degree (Inducing Panic)

Convictions on or after October 10, 2007, under the following sections:

2907.07 or a municipal ordinance substantially similar to the section (Importuning)

Convictions on or after October 10, 2007 under the following sections when the victim was under 18 years of age:

2907.08 (Voyeurism)

2907.09 (Public Indecency)

2907.21 (Compelling Prostitution)

2907.22 (Promoting Prostitution)

2907.23 (Enticement or Solicitation to Patronize a Prostitute; Procurement of Prostitute for Another)

2907.31 (Disseminating Matter Harmful to Juveniles)

2907.311 (Displaying Matter Harmful to Juveniles)

2907.32 (Pandering Obscenity)

2907.33 (Deception to Obtain Matters Harmful to Juveniles)

Convictions 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:

2919.21 (Nonsupport or contributing to Nonsupport of Dependents)

Convictions of a felony of the first or second degree

Bail forfeitures in traffic cases

 

Per ORC § 2901.01(A)(9), “offense of violence” includes violation of the following sections:

2903.01 (Aggravated Murder) (F1)

2903.02 (Murder) (F1)

2903.03 (Voluntary Manslaughter) (F1)

2903.04 (Involuntary Manslaughter) (F3 or F1)

2903.11 (Felonious Assault) (F2)

2903.12 (Aggravated Assault) (F4)

2903.13 (Assault) (M1)

2903.15 (Permitting Child Abuse) (F1 or F3)

2903.21 (Aggravated Menacing) (M1)

2903.211 (Menacing by Stalking) (M1)

2903.22 (Menacing) (M4)

2905.01 (Kidnapping) (F1 or F2)

2905.02 (Abduction) (F2 or F3)

2905.11 (Extortion) (F3)

2905.32 (Trafficking in Persons) (F1)

2907.02 (Rape) (F1)

2907.03 (Sexual Battery) (F3)

2907.05 (Gross Sexual Imposition) (F3 or F4)

2909.02 (Aggravated Arson) (F1)

2909.03 (Arson) (M1, F4, or F3)

2909.24 (Terrorism) one degree higher than underlying offense

2911.01 (Aggravated Robbery) (F1)

2911.02 (Robbery) (F2 or F3)

2911.11 (Aggravated Burglary) (F1)

2917.01 (Inciting to Violence) (F2, F3, or F4)

2917.02 (Aggravated Riot) (F3, F4, or F5)

2917.03 (Riot) (M1)

2917.31 (Inducing Panic) (F2, F3, F4, or F5)

2919.25 (Domestic Violence) (M4 or M1)

2921.03 (Intimidation) (F3)

2921.04 (Intimidation in a Juvenile Proceeding) (M1, F5, F4 or F3)

2921.34 (Escape) (M1, F5, F4, or F3)

2923.161 (Improperly Discharging a Firearm into a Home, School Zone) (F2)

2911.12(A)(1),(2),or (3) (Burglary) (F2 of F3)

2919.22(B)(1)-(4) (Endangering Children) (F2 or F3)

Former 2907.12 (Felonious Sexual Penetration)

Any violation of existing or former state, municipal, or federal law that is substantially equivalent to any aforementioned violation

An offense, other than a traffic offense, under any existing or former municipal, state, or federal law, committed purposely or knowingly, and involving harm to persons OR risk of serious physical harm to persons

Conspiracy or attempt to commit, or complicity in committing, any offense listed above