Answer: It depends on how you were charged and under what statute you were charged or convicted.
When is a Marijuana Possession Conviction in Ohio NOT Considered a Criminal Record?
You do not have to report an Ohio marijuana arrest or conviction on an employment application or license if the following apply:
- You are arrested and charged or convicted under the Ohio state code – R.C. 2925.11 – or an identical Ohio city or municipal code; and
- You were charged or convicted of a minor misdemeanor drug charge.
Specifically, R.C. 2925.11(D) says:
“Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.”
That said, another Ohio statute requires the court to report a conviction under R.C. 2925.11 to the appropriate regulatory board if the person has a professional license (nurse, attorney, physician, etc). (See R.C. 2925.38)
If you have any questions regarding your marijuana possession or paraphernalia charge in the Columbus area, call our marijuana possession attorneys today.