We have been observing some trends related to marijuana legalization throughout our country. We are starting to see the results of what this new legislation will do for those with criminal records for nonviolent marijuana convictions. If Ohio follows the path of Oregon and Colorado and successfully votes to legalize the drug, many advocates believe the right thing to do is allow for expungement of past convictions related to marijuana. After all, if the drug is now considered legal in the state where the conviction occurred, it would only seem right to allow for retroactive expungement of prior nonviolent marijuana convictions.
We do not yet know what direction Ohio will go in their decision to legalize. We do know that currently it is a crime in the state of Ohio to be in possession of any amount of Marijuana, with 100 grams being the threshold that separates a misdemeanor from a more serious punishment including up to five years in prison (Ohio Rev. Code Ann. § 2925.11.).
While expunging your criminal record does prevent it from being visible to potential employers and landlords, law enforcement and other officials may still be able to view it. We feel this is a much better option than opting to NOT expunge your criminal past. However, there still are constraints depending on what type of crime you have been convicted of and what options you have based on that information. The most important piece of advice we can give is to seek out experts in the field and speak with them regarding your specific situation.