If you are researching criminal record expungement/sealing in Madison County, Ohio, you should have accurate information. The internet has a lot of information which is inaccurate. This page will give you an accurate understanding of expungement/record sealing in Ohio. The information below explains relevant definitions, case eligibility, waiting periods, and the court process. If you are seeking representation by a lawyer for expungement/record sealing in Madison County, the Dominy Law firm can assist you.
Record “sealing” means records which were previously “public records” are no longer available to the public. Record “expungement” means the “public records” are no longer available to anyone because the records are destroyed. Whether your case records are sealed or expunged, the records will no longer appear on a check of public records.
In the Madison County courts, most criminal records can be sealed and expunged. However, there are some convictions which cannot be sealed or expunged. For example, traffic convictions are ineligible for sealing/expungement. Other convictions which are ineligible for sealing/expungement include Domestic Violence, first-degree felonies, second-degree felonies, and sexually oriented offenses when the defendant has registration requirements. Convictions which are ineligible are listed in Ohio Revised Code section 2953.32.
The Madison County Municipal Court hears primarily misdemeanor cases but also hears felony cases at their beginning stages. If you had an eligible criminal misdemeanor case in the Madison Municipal Court, you can file an application to expunge/seal the records after the applicable waiting period is completed.
The Madison County Common Pleas Court hears primarily felony cases but also hears some misdemeanor cases. If you had an eligible criminal case in the Madison County Common Pleas Court, you can file an application to expunge/seal the records after the applicable waiting period is completed.
Before you can file for record expungement/sealing, the applicable waiting period must be completed. The length of time you must wait depends on two factors. The first factor is the outcome of the case. The second factor is the offense level. If your case involved two or more offenses, you must wait until the waiting period is completed for the offense with the longest waiting period. Waiting periods are found in Ohio Revised Code section 2953.32 and Ohio Revised Code section 2953.33.
After the applicable waiting period is completed, you initiate the expungement/sealing process by filing an application in the court which originally heard the case. Next, the prosecution may then file an objection to having the records sealed/expunged. After that, the judge holds a hearing.
At the hearing, the judge makes a series of decisions. First, the judge determines whether the case is statutorily eligible for expungement/sealing. Second, the judge compares your interests in having the records expunged/sealed to the governmental interest in having the records not expunged/sealed. Third, the judge evaluates whether you have been satisfactorily rehabilitated. Fourth, the judge then decides whether the expungement/sealing application is granted or denied.
When the judge makes the series of decisions, including the ultimate decision of whether to grant or deny the application, you may want the assistance of a lawyer. The lawyers at the Dominy Law Firm assist clients with record sealing and expungement in Madison County. If you would like to discuss representation for record sealing/expungement in Madison County, you can schedule a free phone consultation by calling our office at 614-717-1177 or by submitting a CONTACT FORM.