Madison County Ohio Expungement & Record Sealing Lawyer

Expungement and Record Sealing in Madison County, Ohio

If you are researching criminal record expungement/sealing in Madison County, Ohio, you should have accurate information. The internet has a lot of information which is inaccurate. This page will give you an accurate understanding of expungement/record sealing in Ohio. The information below explains relevant definitions, case eligibility, waiting periods, and the court process. If you are seeking representation by a lawyer for expungement/record sealing in Madison County, the Dominy Law firm can assist you.

Additional Information

If you are seeking criminal record sealing/expungement in Madison County, 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.

Expungement and Record Sealing Definitions

Record “sealing” means records which were previously “public records” are no longer available to the public. Record “expungement” means the “public records” are no longer available to anyone because the records are destroyed. Whether your case records are sealed or expunged, the records will no longer appear on a check of public records.

What Criminal Cases are Eligible for Expungement and/or Sealing

In the Madison County courts, most criminal records can be sealed and expunged. However, there are some convictions which cannot be sealed or expunged. For example, traffic convictions are ineligible for sealing/expungement. Other convictions which are ineligible for sealing/expungement include Domestic Violence, first-degree felonies, second-degree felonies, and sexually oriented offenses when the defendant has registration requirements. Convictions which are ineligible are listed in Ohio Revised Code section 2953.32.

Madison County Municipal Court

The Madison County Municipal Court hears primarily misdemeanor cases but also hears felony cases at their beginning stages. If you had an eligible criminal misdemeanor case in the Madison Municipal Court, you can file an application to expunge/seal the records after the applicable waiting period is completed.

Madison County Common Pleas Court

The Madison County Common Pleas Court hears primarily felony cases but also hears some misdemeanor cases. If you had an eligible criminal case in the Madison County Common Pleas Court, you can file an application to expunge/seal the records after the applicable waiting period is completed.

Waiting Periods for Expungement and Record Sealing

Before you can file for record expungement/sealing, the applicable waiting period must be completed. The length of time you must wait depends on two factors. The first factor is the outcome of the case. The second factor is the offense level. If your case involved two or more offenses, you must wait until the waiting period is completed for the offense with the longest waiting period. Waiting periods are found in Ohio Revised Code section 2953.32 and Ohio Revised Code section 2953.33.

The Process for Expungement and Record Sealing

After the applicable waiting period is completed, you initiate the expungement/sealing process by filing an application in the court which originally heard the case. Next, the prosecution may then file an objection to having the records sealed/expunged. After that, the judge holds a hearing.

At the hearing, the judge makes a series of decisions. First, the judge determines whether the case is statutorily eligible for expungement/sealing. Second, the judge compares your interests in having the records expunged/sealed to the governmental interest in having the records not expunged/sealed. Third, the judge evaluates whether you have been satisfactorily rehabilitated. Fourth, the judge then decides whether the expungement/sealing application is granted or denied.

Lawyers for Expungement and Record Sealing in Madison County, Ohio

When the judge makes the series of decisions, including the ultimate decision of whether to grant or deny the application, you may want the assistance of a lawyer. The lawyers at the Dominy Law Firm assist clients with record sealing and expungement in Madison County, and we authored the Ohio Expungement Guide. If you would like to discuss representation for record sealing/expungement in Madison County, you can schedule a free phone consultation by calling our office at 614-717-1177 or by submitting a CONTACT FORM.