If you want to have your criminal records sealed/expunged in Logan County, Ohio you need information. Some of the information online is either inaccurate or does not apply to Ohio. This page provides accurate information regarding criminal record sealing and expungement in Ohio. Below are details about expungement/record sealing eligibility, applicable waiting periods for filing an application to seal/expunge records, and the sealing/expungement court process.
Before examining eligibility and the process, it is helpful to know the difference between record sealing and record expungement. When criminal records are sealed, the records are maintained in a way they are not available as public records. When criminal records are expunged, the records are destroyed (although an ‘index’ of the records may be maintained). If you have your criminal case records sealed or expunged, the blemish of a criminal record will not be eternal.
Most criminal case records in the Logan County courts can be sealed or expunged. However, not all cases are eligible. The records of traffic convictions, for example, are not eligible for sealing/expungement. There are other types of convictions which are not eligible, including first-degree felonies, second-degree felonies, sexually oriented offenses while reporting requirements are in place, and Domestic Violence. A list of convictions which are not eligible is located in section 2953.32 of the Ohio Revised Code.
The Logan County Municipal Court has jurisdiction over misdemeanor crimes and also has limited jurisdiction over felony crimes. If you were charged with a misdemeanor crime in the Bellefontaine Municipal Court, you may want to seek record sealing/expungement. If so, you begin the process by filing an application in that court.
The Logan County Common Pleas Court has jurisdiction over felony crimes and sometimes also hears misdemeanor crimes. If you were charged with a crime in the Logan County Common Pleas Court, you may want to seek record sealing/expungement. If so, you begin the process by filing an application in tat court.
Ohio law provides periods of time which a person must wait before requesting criminal record sealing/expungement. There are different waiting periods for different types of case outcomes. There are also different waiting periods for different categories of cases.
For cases which involve more than one crime, the different crimes may have different waiting periods. If so, the entire case is not eligible for sealing/expungement until the waiting period has expired for the crime with the longest waiting period. Ohio Revised Code sections 2935.32 and 2935.33 detail the waiting periods for different case outcomes and case categories.
You begin the record sealing/expungement process by submitting an application. The application must be filed in the court which originally heard the case. When the application is filed, the prosecution has the opportunity to file an objection to record sealing/expungement. The judge then holds a hearing.
During the sealing/expungement hearing, the judge makes three determinations. First, the judge determines whether the case is legally eligible for sealing/expungement. Second, the judge evaluates whether the applicant has been satisfactorily rehabilitated. Third, the judge compares the reasons the applicant wants to have the records sealed/expunged with any needs of the government to not have the records sealed/expunged. After making those determinations, the judge issues a decision either granting or denying the application.
As the judge has decisions to make before granting or denying an application to seal/expunge records, the process is not automatic. Accordingly, you may want the representation of a lawyer for record sealing/expungement. The Dominy Law Firm has experience with these types of cases, and we practice in Logan County. If you would like to discuss representation for record sealing/expungement, you can submit a CONTACT FORM or call 614-717-1177 to arrange a free phone consultation.