If you are hoping to have criminal records sealed and/or expunged in Crawford County, Ohio, you may be asking questions, such as: What is record sealing/expungement in Ohio? Why would I want to have my records sealed/expunged? If I apply to have my case records sealed/expunged, is the application automatically granted? Should I hire a lawyer for record sealing/expungement? Those questions are answered in this page. If you decide to hire a lawyer, the Dominy Law Firm can help. We represent clients in Crawford County seeking record sealing/expungement.
Whether criminal records are sealed or expunged, the records will not appear on a background check of public records. However, in Ohio, there is a difference between sealing and expungement. When criminal records are sealed, the records are not accessible by the public and are only accessible by the government for limited purposes. When criminal records are expunged, the records are not accessible by anyone because the records are destroyed.
A criminal record can have an impact on employment. It can also impact things such as loans, housing, volunteering, and military service. There can also be a stigma associated with having a criminal record. The stigma and impact of a criminal record does not need to last forever. By having criminal records sealed/expunged, the records will not be present on a public records check.
If you had a criminal case in the Crawford County Municipal Court, you begin the sealing/expungement process by submitting an application to that court. The Crawford County Municipal Court has jurisdiction over misdemeanor crimes and limited jurisdiction over felony crimes. Some crimes in the Crawford County Municipal Court are not eligible for record sealing and/or expungement. Examples include traffic convictions, Domestic Violence, and Violating a Protection Order. Other convictions which ineligible for record sealing/expungement are found in section 2953.32 of the Ohio Revised Code.
If you had a criminal case in the Crawford County Common Pleas Court, you begin the sealing/expungement process by submitting an application to that court. The Crawford County Common Pleas Court has jurisdiction to hear felony crimes offenses and sometimes also hears misdemeanor crimes. Some crimes in the Crawford County Common Pleas Court are not eligible for record sealing and/or expungement. Examples include felony offenses of violence and sexually oriented offenses when registration is required. Other convictions which are ineligible for record sealing/expungement are found in section 2953.32 of the Ohio Revised Code.
In Ohio, record sealing and expungement are a privilege, not a right. Ohio law considers sealing/expungement an “act of grace created by the state”. That means, even if a crime is eligible for sealing/expungement, the application is not automatically granted.
Rather than automatically granting an application for sealing/expungement, the judge will hold a hearing and then decide whether to grant or deny the application. At the hearing, the judge first determines whether the crime is eligible for sealing/expungement. The judge then evaluates the applicant’s rehabilitation and compares the applicant’s interest in having the records sealed/expunged to the government’s interest against having the records sealed/expunged.
Because record/sealing expungement is not automatic in Ohio, some applicant’s hire a lawyer to represent them for the process. A lawyer will confirm eligibility, make sure the application is correctly filed, and speak on the client’s behalf at the hearing.
The Dominy Law Firm practices criminal defense, including sealing/expungement of criminal records. Our firm practices in central Ohio courts, including the courts in Crawford County. If you would like to discuss representation to seal criminal records in Crawford County, you can schedule a free phone consultation by submitting a CONTACT FORM or by calling the Dominy Law Firm at 614-717-1177.