If you would like to have a criminal record expunged/sealed in Pickaway County, Ohio it helps to have accurate information. Unfortunately, the internet has a lot of information which is either inaccurate or inapplicable in the state of Ohio. This page has accurate information which is specific to expungement and record sealing in Pickaway County, Ohio. It explains the differences between expungement and sealing, what cases are eligible, where to request expungement and/or sealing, and the process for doing so.
In Ohio, record expungement is the destruction/deletion/erasure of case records so the records are permanently irretrievable. Record sealing is the sealing of public records so the records are not available to the public and are available to the government only for limited purposes. Whether records are expunged or sealed, the records will not appear on a public criminal record check.
Most criminal offenses in Pickaway County are eligible for expungement and record sealing. However, Ohio law states some offenses are not eligible. For example, traffic offense convictions are not eligible for expungement or sealing. In addition, Domestic Violence, Violating a Protection Order, violent felony offenses, and high-level felonies are not eligible. A complete list of ineligible offenses is found in Ohio Revised Code section 2953.32.
The Circleville Municipal Court hears misdemeanor cases and also hears felony cases on a limited basis. To request expungement and/or record sealing for a criminal misdemeanor case in the Circleville Municipal Court, the process is initiated by filing an application in the office of the Circleville Municipal Clerk of Court.
The Pickaway County Common Pleas Court hears felony cases and can also hear misdemeanor cases. To request expungement and/or record sealing for a case in the Pickaway County Common Pleas Court, the process is initiated by filing an application in the office of the Pickaway County Common Pleas Clerk of Court.
Before filing an application for expungement and/or record sealing, you must wait until the case is eligible for expungement/sealing. The length of time you must wait depends on three variables. The first variable is the level of the offense. The second variable is the nature of the offense. The third variable is the outcome of the case.
Some cases involve more than one offense. If so, you must wait to file the application until all the offenses are eligible for expungement/sealing. Sections 2953.32 and 2953.33 of the Ohio Revised Code set forth the waiting periods for different offenses and case outcomes.
To request expungement and/or sealing of criminal records, you must first file an application with the court in which the case was heard. After the court receives the application, the prosecution is notified of the application and has the opportunity to file an objection to sealing/expungement. The judge then holds a hearing.
During the hearing, the judge evaluates whether the case is statutorily eligible for expungement/sealing. The judge then balances the applicant’s interests in sealing/expunging the records with the government’s interest in keeping the records public. The judge also assesses whether the applicant has been satisfactorily rehabilitated. Finally, the judge makes a ruling on the application for expungement/sealing.
The ruling on whether to expunge/seal records is completely at the discretion of the judge. Accordingly, it may be beneficial to have the assistance of a lawyer in the expungement/sealing case. The Dominy Law Firm lawyers can assist you with the sealing/expungement application and represent you during the hearing. Our lawyers have experience with expungement and sealing of criminal records, and our firm practices in Pickaway County. If you would like to discuss representation for sealing/expungement of case records in Pickaway County, you can submit a CONTACT FORM or call 614-717-1177 to schedule a free phone consultation.