On April 4, 2023, Senate Bill 288 took effect in Ohio that changed expungement law. This new law can allow criminal convictions to be sealed or expunged as long as it is within the list of proper convictions and the appropriate amount of time has passed. This new bill, “expands the number of convictions and the types of offenses eligible for either expungement or sealing.” The biggest change is that previous offenders under the old law with only one offense in certain categories would not have an option to seal or expunge their record. However, the new law provides an opportunity for these on ..read more

Do non-violent misdemeanants infringe upon their Second Amendment rights? Bryan Range pled guilty in a Pennsylvania federal district court to one charge of making a false statement on an application to receive food stamp assistance in violation of 62 Pa. C.S. § 481(a). Back in 1995, Range was providing financial support for his wife and three children by mowing lawns which earned him around $300 per week. Range’s wife applied for food stamps, but when she submitted the application form, she did not include her husband’s mowing income. Both spouses signed the application. When a government agen ..read more

Why A Ohio Trial Court Cannot Sentence Someone To More Time Based on Outbursts In March 2019, a Lake County trial court handed down a 22-year sentence to Manson Bryant for his involvement in an armed burglary of an occupied trailer home. Bryant’s response to the sentence made national news when he uttered a variety of profanities and called the trial judge a racist. Because of Bryant’s outburst, the trial judge added six additional years to Bryant’s sentence for a total of 28 years behind bars. However, on June 7, 2022, the Ohio Supreme Court determined that the trial judge could not increase ..read more

U.S. Supreme Court Overturns An Appeals Court Ruling In Case Involving Fleeing Misdemeanor Suspect The U.S. Supreme Court on June 23, 2021, decided the case of Lange v. California that questioned whether law enforcement personal needs a warrant to enter into the home of a fleeing misdemeanor suspect. Click here to read the case. The facts: Arthur Lange was driving around in a station wagon playing loud music and honking his horn when an officer noticed him and activated his overhead flashing lights. Lange did not stop and continued onto his driveway and entered his garage. The state of Califo ..read more

On February 19, 2020, the Ohio Supreme Court came out with the decision, State v. Faggs, Slip Opinion No. 2020-Ohio-523, where the Court affirmed the decision of the court of appeals and held that reasonable parental discipline is an affirmative defense to a charge under Ohio’s domestic violence and assault statutes. What happened in the case? The appellant, Faggs, was charged with one third-degree-felony count of domestic violence under O.R.C. § 2919.25(A) and one first-degree misdemeanor count of assault under O.R.C. § 2903.13(A). The incident that gave rise to these charges involved the se ..read more

Expungement In Ohio: What Is Eligibile To Be Expunged From My Record? As of April 8, 2019, Ohio has switched up the rules on expungement once again, and made it easier for citizens to clean up their record. Expungement, however, is not a completely clean slate. According to Ohio law, expungement means that the records of arrest and conviction will be sealed from public access. An index will still be kept by the governmental agency, but those records won’t be accessible to the general public. It is important to note that DNA records will not be sealed in the ways that other records are, unless ..read more

Victims Of Crime Can Now Petition Court To Be Heard And Participate In Proceedings Under Marsy’s Law Marsy’s Law, or Issue One from the ballot in November 2017, is an expansion of victims’ rights in regards to notification and to be more involved in the criminal process. Additionally, who is classified as victim of a crime has been greatly expanded. Most importantly, victims of crimes may now petition the court via a motion or appellate review to make sure they are heard. This doesn’t mean that victims are now in control of the criminal court proceedings, but they are given the right to be he ..read more

Who Is Eligible For Driver’s License Reinstatement Fee Reduction? House Bill 336 creates a six-month driver’s license reinstatement fee amnesty reduction and waiver for offenders whose driver’s license has been suspended for certain violations. The amnesty/reduction only applies to a driver’s license or permit suspension; it does not apply to a commercial driver’s license or commercial permit suspension. The Ohio Bureau of Motor Vehicles will determine eligibility based on the specific qualifying offense contained in the Ohio Revised Code. In order to be eligible for the driver’s license rein ..read more