Marion County Ohio Expungement & Record Sealing Lawyer

Record Sealing and Expungement in Marion County, Ohio

If you are thinking about having your criminal records expunged/sealed in Marion County, Ohio, it would be helpful to have accurate information. Unfortunately, the internet has some information which is inaccurate and other information which does not apply to Ohio. Different states have different laws regarding eligibility, waiting periods, and the court process for expungement/sealing. This page contains accurate information about Ohio expungement and record sealing which applies to Marion County.

What is Record Sealing and Record Expungement in Ohio?

With either record sealing or record expungement in Ohio, a criminal record no longer appears on a check of public records. However, there is a difference between the two in Ohio. Record sealing is insulating the records from public availability. Record expungement is completely destroying the records so they no longer exist.

Case Eligibility for Sealing and Expungement

Most criminal case records in Marion County are eligible for sealing/expungement. However, there are cases which are not eligible. An example is traffic offense convictions: those cannot be sealed or expunged. Other examples include convictions for Domestic Violence, Violating a Protection order, and violent felony offenses. For a complete list of convictions which cannot be sealed or expunged, please see Ohio Revised Code section 2953.32.

Marion Municipal Court

The cases heard in the Marion Municipal Court are mostly misdemeanors, although the court does hear some felonies at their initial stages. If you were charged with a misdemeanor in the Marion Municipal Court and would like to have the records sealed/expunged, the process should be initiated in that court.

Marion County Common Pleas Court

The cases heard in the Marion County Common Pleas Court are mostly felonies, although the court can also hear misdemeanor cases. If you were charged with an offense in the Marion County Common Pleas Court and would like to have the records sealed/expunged, the process should be initiated in that court.

Record Sealing and Expungement Waiting Periods

In Ohio, a person must wait a certain period of time before filing an application to have case records sealed/expunged. The amount of time depends on whether the case was resolved with a conviction/bail forfeiture or a dismissal/not guilty verdict/no bill/pardon. The amount of time also depends on the nature and level of the offense(s). If the case involved more than one offense, the period of time which one must wait for eligibility is determined by the offense which has the longest waiting period. Ohio Revised Code sections 2953.32 and 2953.33 contain the waiting periods for expungement/sealing eligibility.

Record Sealing / Expungement Process

To begin the sealing/expungement process, an application is filed with the Clerk of Court in the court where the case was held. The prosecution is notified of the application and may then file an objection to having the records sealed/expunged. The judge then holds a hearing. During the hearing, the judge checks on the case’s eligibility for sealing/expungement. The judge also evaluates the applicant’s rehabilitation and compares the applicant’s interests in sealing/expunging the records to the government’s interest in maintaining the records. The judge then grants or denies the application.

Lawyers for Expungement and Record Sealing in Marion County, Ohio

Record sealing and record expungement are not automatically granted. Given this, it may be beneficial to be represented by a lawyer with experience in sealing and expungement. The Dominy Law firm has experience representing clients for record sealing and expungement, and we practice in Marion County. We charge flat fees for this type of representation, so you will know the amount of the fee before making the hiring decision. If you would like to discuss representation for your sealing/expungement case in Marion County, you can schedule a free phone consultation by calling our office at 614-717-1177 or by submitting a CONTACT FORM.