Expungement & Record Sealing in Central Ohio

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 and/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. Record sealing and/or expungement is available for most (but not all) criminal convictions, bail forfeitures, not guilty verdicts, dismissals, no bills, and pardons.

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?
• Did the case result in a conviction, not guilty verdict, dismissal, bail forfeiture, no bill, or pardon?

The United States seems to be the land of second chances, and sealing/expunging records can be a great second chance, but record sealing/expungement is not granted automatically. You must apply for records to be sealed/expunged, and, even if you are “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 Dominy Law Firm has 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. We practice in the following central Ohio counties: Crawford County, Delaware County, Fairfield County, Fayette County, Franklin County, Knox County, Licking County, Logan County, Madison County, Marion County, Morrow County, Pickaway County, Wyandot County.

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 will hold a hearing on the application. The prosecution may object, but the objection must be filed at least 30 days before the hearing. At the hearing, the judge or magistrate will decide 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 may apply for record sealing by filing 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), and 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 will hold a hearing on the application. The prosecution may object, but the objection must be filed at least 30 days before the hearing. At the hearing, the judge or magistrate will decide whether to grant the application for record sealing/expungement.

For expungement 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/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
• Conviction for Violating a Protection Order

Record Sealing for Not Guilty Verdicts/Dismissals/No Bills/Pardons
For a misdemeanor or felony case which resulted in a not guilty verdict, a dismissal, a no bill, or a pardon, a person may apply for record sealing by filing an application with the court which heard the case. For a not guilty verdict or dismissal, an application for record sealing 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 for record sealing is filed, the court will hold a hearing on the application. The prosecution may object, but the objection must be filed at least 30 days before the hearing. At the hearing, the judge or magistrate will decide whether to grant the application for record sealing / expungement.

The Effect Of Having Records Sealed/Expunged
If the court grants an application for record sealing, the government’s records pertaining to the case are sealed. If the court grants an application for expungement, the official records pertaining to the case are destroyed.

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).

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 expungement/record sealing since 1997. In record sealing/expungement matters, we charge flat fees for representation. To schedule a free phone consultation regarding your record sealing/expungement, please submit a CONTACT FORM or call us at 614-717-1177.