Expungement & Record Sealing

Criminal Record Sealing and Expungement In Columbus And Central Ohio

If you have a record for a criminal offense in Ohio, you may be eligible to have the records for the case sealed or expunged.  Ordinarily, a criminal record in Ohio is a permanent public record which can be viewed in-person at the court, on the court’s website, or through a public records request. The record will also appear on a criminal background check.

However, most criminal records in Ohio can be sealed or expunged.  In Ohio, record sealing is the removal of the case records from public records, and expungement is destruction of the records so the records are permanently irretrievable.  When case records are sealed or expunged, the records are no longer available at the court, on the court’s website, or through a public records request.  Steps can also be taken to prevent the records from appearing on background checks (details below).

Additional Information

If you are seeking criminal record sealing/expungement in central Ohio, a good source of information is the Ohio Expungement Guide.  That guide contains much more information than this website page.  The guide is available for sale online, and the PDF version of the guide can be downloaded for free here.

The Process for Criminal Record Sealing and Expungement

There are several laws in Chapter 2953 of the Ohio Revised Code addressing record sealing and expungement.  The laws establish varying rules for record sealing and expungement, depending on variables such as:

• Are you seeking record sealing or expungement?
• Was the offense a misdemeanor, low-level felony, mid-level felony, or high-level felony?
• Was the offense one which is not eligible for record sealing / expungement?
• What was the outcome of the case?  Was it a conviction, bond forfeiture, not guilty verdict, dismissal, bail forfeiture, no bill, or pardon?

Record sealing/expungement is not granted automatically.  You must apply for records to be sealed/expunged, and the judge must hold a hearing.  Even if your case is eligible, the judge does not have to grant the request for sealing and/or expungement.  Accordingly, you may want representation by an attorney who has experience with record sealing/expungement.

Attorneys For Expungement/Record Sealing in Central Ohio

The attorneys at the Dominy Law Firm have experience representing clients for record sealing and expungement.  Our firm only practices criminal defense, and we regularly represent clients who want to seal/expunge the records for their criminal cases.  Our office is in Columbus, and we practice in courts throughout central Ohio.

Money-Back Guarantee:  If the Dominy Law Firm represents you for record sealing/expungement and the application is not granted due to ineligibility, we will refund your entire payment.

Record Sealing and Expungement for Misdemeanor Convictions

For a misdemeanor conviction, a person may apply for both record sealing and expungement.  The application is filed with the court which heard the case and imposed the sentence.  For misdemeanors, other than minor misdemeanors, the application may be filed one year after the ‘final discharge’ of the case.  For minor misdemeanors, the application may be filed six months after the ‘final discharge’ of the case.  For bail forfeitures, the application may be filed any time after the bail forfeiture is journalized.  Some convictions are not eligible for record sealing/expungement (see below).

After the application for record sealing/expungement is filed, the court holds a hearing on the application.  The prosecution and victim (if applicable) may object to the records being sealed/expunged.  At the hearing, the judge or magistrate weighs the interests of the parties and decides whether to grant the application for record sealing/expungement.

Record Sealing and Expungement for Felony Convictions

To seal the records of a felony conviction, a person files an application with the court which heard the case and imposed the sentence.  For a ‘low-level’ felony (fifth-degree felony and fourth-degree felony), an application for record sealing may be filed one year after the ‘final discharge’ of the case.  For a ‘mid-level’ felony (third degree felony), an application for record sealing may be filed three years after the ‘final discharge’ of the case.  For third-degree felonies, only two cases may be sealed. 

After the application for record sealing is filed, the court holds a hearing on the application.  The prosecution and victim (if applicable) may object to the records being sealed.  At the hearing, the judge weighs the interests of the parties and decides whether to grant the application for record sealing.

To expunge the records of a felony conviction, a person may file an application with the sentencing court ten years after the person is eligible for record sealing.  The court process for expungement is substantially the same as the court process for record sealing.

‘High-level’ felonies (second-degree felony and first-degree felony) are not eligible for record sealing or expungement.  There are also other convictions which are not eligible for record sealing/expungement (see below).

Convictions Which are Not Eligible for Record Sealing/Expungement

Record sealing/expungement is not available for:

• Conviction for a traffic offense listed in Chapter 4506, 4507, 4510, 4511, or 4549
• Conviction for a felony offense of violence that is not sexually oriented
• Conviction for a sexually oriented offense when the offender subject to Chapter 2950 of the Ohio Revised Code
• Conviction involving a victim less than 13 years old (except convictions for Nonsupport of Dependents)
• Conviction for a first-degree felony or a second-degree felony
• Convictions for more than two third-degree felonies
• Conviction for Domestic Violence or Violating a Protection Order

Record Sealing and Expungement for Not Guilty Verdicts/Dismissals/No Bills/Pardons

If a misdemeanor or felony case resulted in a not guilty verdict, a dismissal, a no bill, or a pardon, the case is eligible for record sealing.  Most of those cases are also eligible for record expungement.  However, record expungement is not available for pardons, and record expungement is not available for not guilty findings/dismissals/no bills which involve offenses listed in the bullet points above.

To seal or expunge the records of a not guilty finding/dismissal/no bill/pardon, a person files an application with the court which heard the case.  For a not guilty verdict or dismissal, an application may be filed any time after the not guilty verdict or dismissal is journalized.  For a no bill, the application may be filed two years after the no bill is reported.  For a pardon, the application may be filed any time after the pardon is granted and any pardon conditions are met.

After the application is filed, the court holds a hearing on the application.  The prosecution and victim (if applicable) may object to the records being sealed/expunged.  At the hearing, the judge weighs the interests of the parties and decides whether to grant the application

The Effect Of Having Records Sealed/Expunged

If the court grants an application for record sealing, the government’s official records pertaining to the case are sealed.  If the court grants an application for expungement, the government’s official records pertaining to the case are destroyed.  For both sealing and expungement, the proceedings in the case are deemed not to have occurred (with limited exceptions).

When case records are sealed, the public agencies maintaining the records may not divulge the records to others, except for limited circumstances described in Chapter 2953 of the Ohio Revised Code.  The person whose record was sealed may not be questioned about the sealed records (with limited exceptions).  If the person is asked about a case for which the records were sealed, the person may respond as if the case did not occur (with limited exceptions).

Background Checks:  Preventing a sealed/expunged criminal record from appearing in a criminal history report from a private background check company can be frustrating.  Most background check companies remove references to a criminal record when the companies’ database shows the record has been sealed/expunged.  However, the background check companies are not required to update their records with any certain frequency.  That means a criminal record which has been sealed/expunged may still show-up on a background check for a long time.  At the Dominy Law Firm, we have the court order for sealing/expungement delivered to over 500 background check companies so the reference to that criminal record are removed more quickly.

Representation For Expungement/Record Sealing In Columbus And Central Ohio

Although a lawyer is not required for the record sealing/expungement process, you may feel like you would benefit from representation.  If so, the Dominy Law Firm can help.  We have been representing clients for criminal record sealing/expungement since 1997, and we authored the Ohio Expungement Guide.

In record sealing/expungement matters, we charge flat fees for representation.  If the Dominy Law Firm represents you for record sealing/expungement and the application is not granted due to ineligibility, we will refund your entire payment. 

To schedule a free phone consultation regarding your record sealing/expungement, please submit a CONTACT FORM or call us at 614-717-1177.