If you would like to have your criminal record sealed and/or expunged in Fairfield County, Ohio, you may have questions. What is sealing/expungement? Should I have my records sealed/expunged? Are the records for my case(s) eligible? What is the court process for criminal record sealing/expungement? Should I hire a lawyer? Answers to those questions are provided on this page. If you want a lawyer to represent you in the process, the Dominy Law Firm represents clients for criminal record sealing/expungement in Fairfield County, Ohio.
In Ohio, there is a difference between expungement and sealing of criminal records. When records are expunged, they are deleted/erased/destroyed so they cannot be retrieved. When records are sealed, they cannot be retrieved by the public but are available to the government for limited reasons. If either process is completed, the records will not appear on a background check of public records.
If someone checks court records as part of a background check on you, the check will reveal criminal cases. The records will include the crime(s) with which you were charged and the outcome(s) of the case(s). Criminal records on a background check can impact employment, as well as things such as volunteering, housing, loans, military service, and professional licensure.
Some folks want to seal/expunge criminal records simply to end the embarrassment of a criminal case on their record. An isolated mistake in a person’s life should not haunt the person indefinitely. If a check of court records is completed and your criminal records have been sealed/expunged, it will be as though the case(s) never occurred.
If you had a criminal case in the Fairfield Municipal Court, that court is where you file the application for criminal record sealing and/or expungement. The Fairfield County Municipal Court has jurisdiction over misdemeanor offenses and limited jurisdiction for felony offenses. Most, but not all criminal cases in the Fairfield County Municipal Court are eligible for record sealing and/or expungement. However, some cases, like traffic offense convictions, are not eligible for sealing/expungement. Other cases which are not eligible for record sealing/expungement are listed in Ohio Revised Code section 2953.32.
If you had a criminal case in the Fairfield County Common Pleas Court, that court is where you file the application for criminal record sealing and/or expungement. The Fairfield County Common Pleas Court has jurisdiction over felony offenses and sometimes also hears misdemeanor cases. Most, but not all, cases in the Fairfield County Common Pleas Court are not eligible for record sealing and/or expungement. However, some cases, like first-degree and second-degree felonies, are not eligible for sealing/expungement. Other cases which are not eligible for record sealing/expungement are listed in Ohio Revised Code section 2953.32.
Although a mayor’s court is not a ‘courts of record’, a background check will reveal a criminal record from an Ohio mayor’s court. If you had a criminal case in a Fairfield County mayor’s court, you may want to have the case records sealed/expunged. To do so, the application for sealing/expungement must be filed in the mayor’s court where the case was held.
No. In Ohio, when a person files an application for criminal record sealing/expungement, the application is not automatically granted. That is because criminal record sealing/expungement is an “act of grace created by the state”, so it is considered a privilege rather than a right.
After a person files an application for criminal record sealing/expungement, the judge holds a hearing to decide whether to grant the application. The prosecution may object to sealing/expunging the records. The judge examines the case’s eligibility, the applicant’s rehabilitation, the applicant’s interests in sealing/expunging the record, and the government’s interest in maintaining the records. Whether the application is granted is completely up to the judge.
Knowing that criminal record sealing/expungement is not automatic, some people elect to hire a lawyer to represent them. A lawyer will gather information, conduct legal research, prepare the application, and speak on the client’s behalf at the hearing.
The Dominy Law Firm practices only criminal defense, and our representation includes criminal record sealing/expungement. Our firm practices in central Ohio and can assist you with criminal record sealing/expungement in Fairfield County. If you would like to schedule a free phone consultation regarding representation, please call us at 614-717-1177 or submit a CONTACT FORM.