Full question:
I have a conviction entered in my name for causing panic in Lorain, Ohio where I live. I understand that I’m eligible for expunging my conviction. But, will it result in sealing my fingerprints also?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Ohio
Answer:
The court will grant an expungement of the conviction if it finds the applicant to be an eligible offender under Ohio Revised Code (O.R.C.) 2953.31(A). An order granting the application will result in sealing fingerprints also. However, under O.R.C. 2953.32, the fingerprints with the superintendent of the bureau of criminal identification and investigation will be sealed only when the superintendent receives a certified copy of a final court order establishing that the conviction is overturned.The relevant provision is set out as:
“(H) For purposes of sections 2953.31 to 2953.36 of the Revised Code, DNA records collected in the DNA database and fingerprints filed for record by the superintendent of the bureau of criminal identification and investigation shall not be sealed unless the superintendent receives a certified copy of a final court order establishing that the offender's conviction has been overturned. For purposes of this section, a court order is not “final” if time remains for an appeal or application for discretionary review with respect to the order.”
O.R.C. 2953.32
Therefore, an expungement of conviction on causing panic may not result in sealing fingerprints, if the order establishing that the offender's conviction overturned has not reached the superintendent of the bureau of criminal identification and investigation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
