Expunging a Conviction or Sealing a Record in Ohio
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
With regards to a criminal record, the terms “expungement” and “sealing” are often used interchangeably, though there are some differences between the two. “Sealing” a court record simply means that the general public no longer has access to the conviction documents. However, “expungement” usually implies that the record is completely destroyed and it is as if the crime was never committed. In application they are the same, since it is very rare that sealed records are examined.
Technically, the state of Ohio practices the sealing of records rather than expungement. Adult records are sealed, and only juvenile records may be expunged. This means that the record will still exist, though it generally may not be viewed or examined. In order to be eligible to have one’s adult conviction record sealed, the person must:
- Know what type of record that they want sealed (such as a conviction, a dismissal of the charges, bail forfeiture or a finding of not guilty)
- Be a first time offender
- Petition the court for the record to be sealed
- Not have any current, pending, prior, or subsequent criminal convictions
- Complete the requirements for the court sentence (such as a fine, monetary restitution, jail or prison time, probation programs, etc.)
You should note that minor misdemeanors and additional crimes arising from the same incident may also be sealed. Also, records involving mandatory (not optional) prison time and some serious offenses may not be sealed. Usually a waiting period is required from the date of discharge before a record may be sealed- one year for misdemeanor crimes and three years for felony offenses.
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Last Modified: 07-29-2010 02:14 PM PDT
