FAQ – Expungement & Record Sealing in Columbus and Central Ohio

Q: In Ohio, What Is the Difference Between Expungement and Record Sealing?

A: In Ohio, when case records are sealed, the case records are no longer available to be divulged as public records.When case records are expunged, the records are completely destroyed.

Q: In Ohio, What Is the Process for Sealing/Expunging Misdemeanor Convictions and Bail Forfeitures?

A: In Ohio, a person may file an application for both sealing and expungement of misdemeanor convictions and bail forfeitures.The application is filed with the court in which the case was held.There is a waiting period to file the application.For minor misdemeanor convictions, the waiting period is six months after the case’s ‘final discharge’.For all other misdemeanor convictions, the waiting period is one year after the case’s ‘final discharge’.For bail forfeitures, there is no waiting period.

When a person files an application for record sealing/expungement of a misdemeanor conviction or bail forfeiture, the court holds a hearing.At the hearing, the judge or magistrate analyzes factors listed in the Ohio Revised Code and decides whether the sealing/expungement is granted.

Q: In Ohio, What Is the Process for Sealing/Expunging Felony Convictions?

A: In Ohio, a person may file for record sealing and/or expungement simultaneously or separately.However, the waiting period to file the applications varies.If the conviction is for a felony of the fourth degree or fifth degree, the waiting period for record sealing is one year after the case’s ‘final discharge’.If the conviction is for a felony of the third degree, the waiting period for record sealing is three years after the case’s ‘final discharge’.For expungement of a felony conviction, the waiting period is ten years after the conviction is eligible for sealing.

When a person files an application for record sealing/expungement of a felony conviction, the court holds a hearing.At the hearing, the judge evaluates criteria from the Ohio Revised Code and decides whether to seal/expunge the case records.

Q: Are All Convictions Eligible for Record Sealing/Expungement?

A: No. Convictions for the following offenses are not eligible:

• Traffic offense listed in Ohio Revised Code Chapters 4506, 4507, 4510, 4511, and 4549
• Felony offense of violence that is not sexually oriented
• Sexually oriented offense involving Ohio Revised Code Chapter 2950
• Offense involving a victim under 13 (except for Nonsupport of Dependents)
• Offense which is a first-degree felony or a second-degree felony
• More than two third-degree felonies
• Domestic Violence
• Violating a Protection Order

Q: In Ohio, What Is the Process for Sealing Not Guilty Verdicts/Dismissals/No Bills?

A: In Ohio, a person may file an application for sealing case records when the case resulted in a not guilty verdict, dismissal, no bill, or pardon.The application is filed with the court in which the case was held.There is a waiting period to file the application.If the case was resolved with a not guilty verdict or dismissal, the defendant may file the application as soon as the not guilty verdict or dismissal is journalized.If the case was resolved with a no bill, the defendant may file the application two years after the no bill.If the defendant was granted a pardon, the defendant may file the application after the pardon is granted and the defendant has fulfilled any pardon conditions.

When a person files an application to seal the records of a case which resulted in a not guilty verdict, dismissal, no bill, or pardon, the court holds a hearing.At the hearing, the judge applies statutory criteria to the case and decides whether to grant the application for record sealing.

Attorneys for Record Sealing / Expungement in Columbus and Central Ohio

The Dominy Law firm in Columbus, Ohio represents clients seeking to have criminal records sealed/expunged in Franklin County, Delaware County, and some other central Ohio counties.If you would like to discuss how the Dominy Law Firm can help with sealing/expunging the records for your case, please call 614-717-1177 or submit a CONTACT FORM to schedule a free phone consultation.