What You Need to Know About Record Sealing and Expungement in Ohio - A Comprehensive Guide for Adult Convictions

If you have a criminal record in Ohio, you are not alone. Many individuals face challenges in moving forward due to past convictions. Fortunately, understanding record sealing and expungement can help you regain opportunities in employment, housing, and everyday life. By knowing the right actions to take, you can clear obstacles and pave the way for a fresh start.

In this guide, we will explore key information on record sealing and expungement in Ohio, reflecting the latest legal updates as of October 2023.

Understanding Record Sealing and Expungement

Record sealing and expungement are terms often used interchangeably, yet they are not the same.

Record Sealing: This is the process that makes your criminal record inaccessible to the public. Essentially, while the record exists, it cannot be viewed by most background checks.
Expungement: This process destroys your criminal record completely, removing it from existence.

Recognizing these differences can help you make informed decisions based on your specific situation.

Eligibility for Record Sealing in Ohio

Not everyone can seal their record. Ohio law has specific criteria for eligibility:

Type of Conviction: Generally, first-time non-violent offenders can apply for sealing. For instance, if you were convicted of a misdemeanor like petty theft or a lesser felony, you may qualify.
Waiting Period: After completing your sentence, including parole and probation, you typically need to wait one year before applying.
No Pending Charges: If you have pending criminal charges or have not completed your sentence terms, including fines, you cannot apply for sealing.

Checking with a legal professional can help clarify your eligibility based on your circumstances.

The Process of Record Sealing

Sealing your record in Ohio involves several clear steps:

Obtain Your Criminal Record: Start by requesting your criminal record through the Ohio Bureau of Criminal Identification and Investigation (BCI).
File a Motion: After determining eligibility, you need to file a motion to seal your record at the court where you were convicted.
Court Hearing: A hearing will be set after you file your motion. During this hearing, you will present your case explaining why your record should be sealed.
Await a Decision: The court will make a decision on your request. If approved, your record will be sealed and become inaccessible to the public.

Expungement Process in Ohio

If you qualify for expungement, the steps are similar to sealing, but the result is different:

File a Petition: You need to file a petition for expungement at the relevant court.
Hearing: A court hearing will happen to evaluate your eligibility for expungement.
Destruction of Records: If the court agrees, it orders the destruction of your criminal record, erasing it completely.

Common Misconceptions

Record Sealing vs. Expungement

It's essential to clear up a misconception about these two processes. While both aim to give individuals a fresh start, sealing only makes the record hidden. In contrast, expungement eliminates the record entirely.

Impact on Employment

Many people think that sealing or expunging a record guarantees a better chance of employment. However, some employers can still see sealed records—particularly in fields like education and healthcare—where background checks are more thorough.

FAQs About Record Sealing and Expungement

Can I seal multiple convictions?

Yes, you can file for sealing multiple convictions. However, each is evaluated individually, and eligibility can vary.

How long does the process take?

The timeline can differ but typically, sealing or expungement processes take several months. Delays can occur due to court schedules or the complexity of your case.

Is there a fee for filing?

Yes, there are associated filing fees for both sealing and expungement. These fees can vary depending on your county, ranging from $50 to $100.

Moving Forward with Your Life

Understanding the ins and outs of record sealing and expungement in Ohio can feel overwhelming, but it is a vital step for many seeking to leave their past behind. By recognizing eligibility requirements and processes, you are better equipped to make informed choices about your future.

If you believe you qualify for either sealing or expungement, consulting an attorney specializing in criminal law can guide you through the process. Each step you take toward sealing or expunging your record brings you closer to reclaiming your life and accessing new opportunities.

Remember, rebuilding your life after a conviction is possible. With the right information and support, you can successfully navigate the path toward a brighter future.