If you had a criminal case in Morrow County, Ohio, you may want to have the records sealed/expunged. If so, you may have questions about sealing/expungement. People often want to know the benefits of sealing/expungement and whether their case is eligible. They also want to know the sealing/expungement process and whether they should hire a lawyer to represent them in that process. If you are asking those questions, this page will provide answers. If you want representation for the process, the Dominy Law Firm can help.
Sealing and Expungement ExplainedAlthough the terms ‘sealing’ and ‘expungement’ are often used interchangeably, Ohio law distinguishes between the two. Record sealing means the case records still exist but are no longer accessible by the public. Record expungement means the case records no longer exist because they are destroyed.
Benefits of Sealing/Expunging Criminal RecordsOne benefit of having records sealed/expunged is ending the stigma of having a criminal record. If you were charged with a crime, it should not tarnish your record indefinitely. That is why Ohio law provides for sealing/expungement of most criminal case records.
Another benefit of having records sealed/expunged is ending the impact a criminal record has on many aspects of life. If you have a criminal record, it can impact employment opportunities. It can also negatively affect credit/loans, housing, immigration, security clearances, volunteering, military service, and professional licensing.
Morrow County Municipal CourtIf your case was held in the Morrow County Municipal Court, you begin the process by filing an application for record sealing and/or expungement with that court. The judge will then hold a hearing to determine whether your application is granted. The Morrow County Municipal Court hears misdemeanor offenses and, to some extent, felony offenses.
Most, but not all, cases in the Morrow County Municipal Court are eligible for record sealing and/or expungement. Cases which are not eligible include convictions for traffic offenses. Other offenses which are not eligible for record expungement/sealing are listed in section 2953.32 of the Ohio Revised Code.
Morrow County Common Pleas CourtIf your case was heard in the Morrow County Common Pleas Court, you begin the process by filing the record sealing and/or expungement application with that court. A hearing is then held for the judge to decide whether to grant your application. The Morrow County Common Pleas Court hears felony offenses and sometimes hears cases for misdemeanor offenses as well.
Most, but not all, cases in the Morrow County Common Pleas Court are eligible for record sealing and/or expungement. For example, convictions for first-degree felonies and second-degree felonies are not eligible. Other offenses which are not eligible for record expungement/sealing are listed in section 2953.32 of the Ohio Revised Code.
Mount Gilead Mayor’s CourtThe records from the Mount Gilead Mayor’s Court will appear on a criminal record check. If your case was heard in the Mount Gilead Mayor’s Court, you begin the sealing/expungement process by filing the application with that court. The magistrate then has a hearing to grant or deny the application. The Mount Gilead Mayor’s Court hears only offenses which are misdemeanors.
Most, but not all, cases in the Mount Gilead Mayor's Court are eligible for record sealing and/or expungement. For example, convictions for traffic offenses cannot be sealed or expunged. Other offenses which are not eligible for record expungement/sealing are listed in section 2953.32 of the Ohio Revised Code.
Record Sealing / Expungement is not an Automatic ProcessEven if your case is legally eligible to have the records sealed/expunged, the request is not automatically granted. Ohio law says record sealing and expungement is an “act of grace created by the state”, so sealing/expungement is a privilege, not a right. Instead of automatically granting an application, a judge or magistrate evaluates the competing interests of the government and the applicant. The judge or magistrate has the authority to deny the request for sealing/expungement, and a denial will not be overturned unless the judge or magistrate abused its discretion in denying the application.
Record Sealing/Expungement Lawyers for Morrow County, OhioAs the judge or magistrate has the authority to deny an application for record sealing/expungement, you may want to be represented by a lawyer for the process. A lawyer will gather information, conduct research, confirm eligibility, ensure the application is properly filed, and represent you at the hearing.
The Dominy Law Firm has experience with expungement/sealing. Our firm practices only criminal defense and only in central Ohio, including Morrow County. If you would like to discuss representation for expungement/record sealing, you can schedule a free phone consultation by submitting a CONTACT FORM or by calling our office at 614-717-1177.