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   If you have been convicted of an offense and are a first offender, you may qualify for expungement. By statute, application for expungement is made to the sentencing judge. Certain waiting periods, as described below, apply before a first offender may apply for expungement. The final decision to grant or deny expungement is in the discretion of the sentencing judge. Please note that even though a criminal conviction has been expunged, it may still be used as specified in Ohio Revised Code section 2953.32(D), (E), (F) & (G), and Ohio Revised Code Chapter 2950 [Sexual Predators, etc.]. 

   A first offender means anyone who has been convicted of an offense in this state or any other jurisdiction and who previously or subsequently has not been convicted of the same or a different offense in this state or any other jurisdiction. Ohio Revised Code 2953.31(A). Ohio Revised Code 2953.31(A) also provides the following:

When two or more convictions result from or are connected with the same act or result from offenses committed at the same time, they shall be counted as one conviction. When two or three convictions result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, they shall be counted as one conviction, provided that a court may decide as provided in division (C)(1)(a) of section 2953.32 of the Revised Code that it is not in the public interest for the two or three convictions to be counted as one conviction.

   Except as otherwise provided [see the paragraphs that follow], Ohio Revised Code 2953.31(A) provides the following do not constitute a previous or subsequent conviction:

A conviction for a minor misdemeanor, for a violation of any section in Chapter 4507, 4510 [License offenses], 4511 [Traffic Offenses], 4513 [Traffic Equipment - Loads], or 4549 [Motor Vehicle Crimes] of the Revised Code, or for a violation of a municipal ordinance that is substantially similar to any section in those chapters is not a previous or subsequent conviction. [A minor misdemeanor is an offense for which only a fine of up to $150 may be imposed.]

A conviction for a violation of section 4511.19 [OVI], 4511.251[Street Racing], 4549.02 [Stopping after accident on public roads or highways], 4549.021 [Stopping after accident on other than public roads or highways], 4549.03 [Stopping after accident involving damage to realty or personal property attached to real property], 4549.042 [Sale or possession of master key designed to fit more than one motor vehicle], or 4549.62 [Offenses with purpose to conceal or destroy identity (of vehicle)]or sections 4549.41 to 4549.46 [Odometer Related Offenses] of the Revised Code, for a violation of section 4510.11 [Driving under suspension or in violation of license restriction] or 4510.14 [Driving under OVI suspension] of the Revised Code that is based upon the offender's operation of a vehicle during a suspension imposed under section 4511.191 [Implied consent] or 4511.196 [Initial appearance] of the Revised Code, for a violation of a substantially equivalent municipal ordinance, for a felony violation of Title XLV [45] [Motor Vehicles -- Aeronautics -- Watercraft] of the Revised Code, or for a violation of a substantially equivalent former law of this state or former municipal ordinance shall be considered a previous or subsequent conviction.

• Convictions when the offender is subject to a mandatory prison term.
   
• Convictions of a felony of the first or second degree.
  
  
• Convictions for the sex offenses under Ohio Revised Code sections 2907.02 [Rape], 2907.03 [Sexual battery], 2907.04 [Unlawful sexual conduct with 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 minor in nudity-oriented material or performance], or former section 2907.12 [Felonious sexual penetration; marriage or cohabitation not defenses to charges ].
   
•  Convictions under Chapter 4507 [License offenses], 4510 [License offenses], 4511 [Traffic Offenses], or 4549 [Motor Vehicle Crimes], or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters.
   
• Convictions of an offense of violence [Ohio Revised Code section 2901.01(A)(9)] when the offense is a misdemeanor of the first degree or a felony and when the offense is not a violation of Ohio Revised Code sections 2917.03 [Riot], and is not a violation of 2903.13 [Assault], 2917.01 [Inciting to Violence] or 2917.31 [Inducing Panic] that is a misdemeanor of the first degree.
  
  
• Convictions on or after October 10, 2007 under section 2907.07 [Importuning] of the Revised Code or a conviction on or after October 10, 2007 for a violation of a municipal ordinance that is substantially similar to that section.
  
  
• Convictions on or after October 10, 2007 under section 2907.08 [Voyeurism] , 2907.09 [Public indecency], 2907.21 [Compelling prostitution], 2907.22 [Promoting prostitution], 2907.23 [Procuring], 2907.31 [Disseminating matter harmful to juveniles], 2907.311 [Displaying matter harmful to juveniles], 2907.32 [Pandering obscenity], or 2907.33 [Deception to obtain matter harmful to juveniles] of the Revised Code when the victim of the offense was under eighteen years of age.
   
• Convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age when the offense is a misdemeanor of the first degree or a felony. [This includes child endangerment convictions.]
   
• Bail forfeitures in a traffic case as defined in Traffic Rule 2.