Recovery from a criminal conviction can be difficult. Your employment might be at risk, your family is vulnerable, and social media can be brutal. Fortunately, the Ohio legislature has expanded record sealing and expungement to assist your rehabilitation.
Am I eligible to have my criminal record sealed or expunged in Ohio?
In most cases the answer is yes. O.R.C. 2953 governs both expungement and sealing. These statutes establish who may apply, where to file, and the parameters the court must determine in granting the motion. Not all convictions are sealable or expungable. ORC 2953.33 covers all non-conviction records, like dismissals, no bills, and not guilty verdicts. The statutes explain eligibility and case qualification as well as the procedure and the result of expungement or sealing. These statutes govern the process outlining the eligibility requirements, procedural criteria, and limitations. Sealing a record limits access to specific personal while expungement involves deletion, destruction, or complete erasure of the criminal record.
What types of offenses cannot be sealed under Ohio law?
The following charges found in ORC 2953.32(A)(1) are neither expungable or sealable:
- First and second degree felonies
- Violent offenses
- Most sex offenses
- Traffic and OVI cases
How long do I have to wait before I can apply to seal my record in Ohio?
Under ORC 2953.32(B)(1),applications for sealing of misdemeanors and lower degree felonies (4th or 5th degree) may be filed after one year while 3rd degree felonies may be filed after 3 years. Two 4th or 5th degree felonies is 4 years while three to five 4th or 5th degree felonies is 5 years. Minor misdemeanors are six months.
Under expungement, the time frame for a misdemeanor is 1 year, while 13 years for a 3rd degree felony and 11 years after a 4th or 5th degree felony. The applicant must complete the full sentence including finishing probation and paying all fines and court costs. After filing, the court must have a hearing within no later than 90 days. The prosecutor must be notified. At the hearing, the court must consider the following:
- Whether the offense is eligible for sealing or expungement;
- Whether the application was timely filed;
- Whether there are any pending criminal proceedings;
- Whether the applicant has been rehabilitated;
- Whether the applicant’s interest outweigh the interests of the government’s legitimate need to maintain the records;
- Any other related consideration.
There is a no waiting period if the case was dismissed or there was a finding of not guilty.
How long does the record sealing process take and what are the steps involved?
Make sure the records of the offense are either sealable or expungable. Once the statutory waiting period has passed, the applicant can file the request in the court where the case was filed. Once filed and the fee is paid, the court will schedule a hearing. Prior to the hearing, the probation department will do a records check and give a report to the court and prosecutor. He can object. The court will hold a hearing. At the hearing, the court will consider the following:
- Whether the offense is eligible for sealing or expungement;
- Whether the application was timely filed;
- Whether there are any pending criminal proceedings;
- Whether the applicant has been rehabilitated;
- Whether the applicant’s interest outweigh the interests of the government’s legitimate need to maintain the records;
- Any other related considerations
If granted, the court will have all related records sealed or expunged and notify the authorities. If denied, the applicant can file another application later. As to length, the court generally will have a hearing within 90 days while the final order and transmission to the agencies can take weeks or months depending on the court’s caseload.
Dennis P. Sawan
