An assault conviction in Ohio can follow you long after your case is resolved. Employment screenings, housing applications, professional licensing, and background checks may all surface a conviction on your record. At McNamee Defense, our criminal defense attorney knows what an assault conviction means for your record, and what options may exist to address it in Ohio.
Simple assault is typically charged as a first-degree misdemeanor. A conviction becomes part of your criminal record and can appear on background checks conducted by employers, landlords, and licensing boards. Even a misdemeanor conviction can create barriers to employment in fields that require background screenings, professional licenses, or positions of trust. Assault convictions can be particularly problematic, as many people believe they indicate a risk of volatility or harm in a residential building or workplace.
Ohio law does offer a pathway for relief for some people with misdemeanor assault convictions. Misdemeanor assault is a special exception to the general rule that misdemeanor crimes of violence cannot be sealed. This means a misdemeanor assault conviction under R.C. § 2903.13 may be eligible for sealing. The general waiting period for sealing a misdemeanor conviction is one year after final discharge, meaning after completing any sentence, probation, and paying all fines and restitution.
Whether sealing is appropriate depends on the specific facts of your case, your full record, and other eligibility requirements under Ohio law.
Aggravated assault and felonious assault are felony offenses. A felony conviction carries more severe collateral consequences, including the potential loss of the right to possess firearms, restrictions on certain forms of employment, and disqualification from specific professional licenses.
Felony assault convictions face stricter sealing rules:
Whether a particular felony assault conviction is eligible for sealing depends on the specific statutory provisions that apply to that offense and the individual’s full record.
No matter what type of conviction you have on your record, it is always worth it to have our firm review potential options.
When assault charges arise in a domestic context, the consequences may be compounded. A domestic violence conviction carries its own sealing restrictions and can affect custody proceedings and firearm rights under both state and federal law. If an assault charge involves a family or household member, the long-term record implications are worth discussing carefully with an attorney.
The most effective way to protect your record from an assault conviction is to avoid the conviction in the first place. Whether through a dismissal, a reduction to a lesser charge, or a not-guilty verdict at trial, keeping an assault conviction off your record is a better outcome than addressing it afterward.
If you are facing assault charges in Franklin, Union, or Delaware County, contact McNamee Defense online or call 614-782-8889 to schedule your confidential consultation.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.