For people interested in sealing/expungement of criminal records in Knox County, Ohio, it is helpful to have accurate information. Unfortunately, not all the information online is accurate. This page provides accurate information about criminal record sealing and expungement in Knox County, Ohio. That information includes the definitions, eligibility, waiting periods, and court process. If you are seeking to have criminal records sealed/expunged in Knox County, the Dominy Law Firm can help.
Sealing records means the records for a case are sealed from public view. Expunging records means the physical and electronic records are destroyed. Whether criminal records are sealed or expunged, the criminal case will not appear on a check of court records.
Most, but not all, criminal cases in Knox County are eligible for sealing/expungement. One example of case records which cannot be sealed or expunged is traffic offense convictions. Other examples of cases ineligible for sealing/expungement are Domestic Violence and felony offenses of violence. A list of convictions ineligible for sealing/expungement is found in section 2953.32 of the Ohio Revised Code.
Before a person can request sealing/expungement of criminal records, the person must wait a certain period of time. The period of time the person must wait is determined by two factors. First, the waiting period is determined by how the case is resolved: a conviction or bail forfeiture versus a not guilty verdict, dismissal, no bill, or pardon. Second, the waiting period is determined by the level of the offense, such as misdemeanor versus felony. For felonies, there is a longer waiting period for expungement than there is for sealing.
If a criminal case involved more than one offense, a request for sealing/expungement will not be accepted until all the waiting periods for all the offenses have expired. The waiting periods for sealing/expungement are listed in Ohio Revised Code section 2953.32 and Ohio Revised Code section 2953.33.
The Mount Vernon Municipal Court has jurisdiction over crimes which are misdemeanors. This court also has limited jurisdiction over crimes which are felonies. If you had a criminal misdemeanor case in the Mount Vernon Municipal Court, you begin the sealing/expungement process by filing an application with the Clerk of Court in that court.
The Knox County Common Pleas Court has jurisdiction over crimes which are classified as felonies. This court also has jurisdiction over crimes which are classified as misdemeanors, but most misdemeanor crimes are heard in the Municipal Court. If you had a criminal case in the Knox County Common Pleas Court, you begin the sealing/expungement process by filing an application with the Clerk of Court in the Knox County Common Pleas Court
As mentioned, the sealing/expungement process begins with the filing of an application. When the application is filed, the prosecution is notified. The prosecution can then object to having the records sealed/expunged. In some, but not all, cases, the prosecution objects.
After the sealing/expungement application is filed, the judge holds a hearing. During the hearing, the judge makes multiple decisions. First, the judge assesses whether the case is eligible for sealing and whether the waiting period has expired. Second, the judge evaluates whether the applicant has been rehabilitated to the satisfaction of the judge. Third, the judge balances the applicant’s interests in sealing/expungement against any governmental need to have the case records maintained. Finally, the judge decides whether to grant or deny the application.
As the judge makes multiple decisions during the hearing, including the final decision of granting or denying the application, sealing/expungement is not automatic. For this reason, some people hire a lawyer to assist with the process.
The Dominy Law Firm has experience representing clients for criminal record sealing/expungement. We practice in courts throughout central Ohio, including the courts in Knox County. If you would like to discuss representation for your case, please submit a CONTACT FORM or call our office at 614-717-1177.