Ohio Expungement and Sealing of Criminal Records

Expungement vs. Sealing

While the terms "expungement" and "sealing" were once viewed as synonymous, they now refer to distinct legal actions with different implications for criminal records.
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The key difference between sealing and expunging an adult criminal record lies in how the records are treated and accessed. Expungement involves the complete destruction, deletion, and erasure of the record, rendering it permanently irretrievable. Once a record is expunged, it is as if it never existed, and no entities—including law enforcement and prosecuting attorneys—can access it.
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Conversely, sealing a record does not involve its destruction. Instead, the record is removed from public access and placed in a separate file that is only accessible to specific entities, such as law enforcement and prosecuting attorneys. While a sealed record is unavailable to the general public, it may still be accessed under certain circumstances, such as during future criminal investigations or prosecutions.

Eligibility Criteria for Sealing

To qualify for record sealing, the conviction must meet certain criteria. Generally, traffic offenses, most violent and sexual offenses, offenses involving a victim under the age of 13, first-degree and second-degree felonies, and domestic violence convictions (excluding M4 domestic violence) are ineligible for sealing.
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Additionally, the applicant's other criminal records, including any pending charges, may impact eligibility for sealing.
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A specified period must also elapse since the case was concluded before petitioning for sealing. The required time frames typically include: 6 months for minor misdemeanors, 1 year for other misdemeanors, 1 year for fourth and fifth-degree felonies, and 3 years for third-degree felonies.
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The court must determine that the applicant has satisfactorily rehabilitated and that the applicant's interest in having the record sealed outweighs the government's interest in retaining the record.

Eligibility Criteria for Expungement

Similarly, to be eligible for record expungement, the conviction must meet specific criteria. Generally, traffic offenses, felony offenses of violence, sexual offenses, offenses involving a victim under the age of 13, and first-degree and second-degree felonies—including domestic violence convictions—are not eligible for expungement.
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Sufficient time must elapse after a case is closed before you can petition for expungement. The typical waiting periods are as follows: 6 months for minor misdemeanors, 1 year for other misdemeanors, 11 years for fourth- and fifth-degree felonies, and 13 years for third-degree felonies.
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Additionally, a person’s overall criminal history, including any pending charges, may affect their eligibility for record expungement.
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The court must conclude that the applicant has been rehabilitated to its satisfaction and that the applicant's interest in expunging the record surpasses the government's need to retain it.

The Process

Eligibility Assessment: The first step is to evaluate whether you qualify for expungement or sealing. This assessment involves reviewing your criminal record and the specific statutory provisions that govern expungement and sealing in Ohio.

Application: If you are found eligible, we will file an application with the sentencing court. This application must include detailed information about your conviction and your reasons for seeking expungement or sealing.

Court Review: The court will examine your application to confirm that all statutory requirements are satisfied. A hearing may also be held, during which we can present your case.

Decision: If the court finds that you meet all eligibility criteria, it will grant the expungement or sealing.

The Ohio Criminal Sentencing Commission has provided a comprehensive overview of the expungement and sealing process, which can be found here. A flowchart can also be found here.

Our Record Expungement and Sealing Services

At the Law Offices of Brian J. Smith, Ltd., we have extensive experience with expungement cases. Our team is committed to providing personalized legal services to help you achieve the best possible outcome. We will guide you through every step of the process, from determining your eligibility to representing you in court.

If you believe you may qualify for expungement or sealing of your criminal record, contact us today to schedule a consultation. Let us help you take the first step toward a brighter future.