Sealing and Expunging Criminal Records Attorneys in Dublin, Ohio

Criminal records can have profound implications for individuals seeking employment, housing, and various opportunities in life. In Ohio, the legal mechanisms for sealing and expunging these records provide a pathway for individuals to move forward after a brush with the law. 

At The Law Offices of DuPont and Blumenstiel, our attorneys work hard to help you understand the processes, eligibility, and implications of sealing and expunging criminal records. Located in Dublin, Ohio, we serve clients in the surrounding areas. Reach out today to schedule a consultation.

How Criminal Records Work

Criminal records are official documents that detail an individual's criminal history. They may include arrests, charges, convictions, and, in some cases, dismissals. These records are typically maintained by law enforcement agencies and can be accessed by employers, landlords, and the general public. 

As such, having a criminal record can pose significant barriers to securing employment and housing, among other challenges.

Sealing vs. Expungement

In Ohio, the terms "sealing" and "expunging" are often used interchangeably, but they have specific legal meanings.

Sealing refers to the process of making a criminal record inaccessible to the public. While the record still exists, it can't be viewed by most employers or the general public. Individuals may need to disclose sealed records in specific circumstances, such as applying for certain government jobs or licenses.

Expunging, however, is a more comprehensive process that involves erasing the record, rendering it as if it never existed. In Ohio, complete expungement is limited to certain types of cases and is often confused with sealing.

Eligibility for Sealing and Expunging Records in Ohio

In Ohio, individuals with certain convictions can apply to have their records sealed under specific conditions. The following guidelines outline eligibility:

1. Type of conviction: Only misdemeanor and some felony convictions are eligible for sealing. Serious felonies, such as violent crimes, sex offenses, and certain drug offenses, are generally ineligible.

2. Time elapsed: For misdemeanor convictions, a minimum of one year must pass after the completion of the sentence, including parole and probation. For felony convictions, the waiting period is three years.

3. No new convictions: Applicants mustn’t have any new criminal convictions during the waiting period. Any pending criminal charges can also disqualify an individual from sealing their record.

4. Completion of sentence: The individual must have completed their sentence, including any terms of probation, parole, and restitution.

5. Good conduct: Demonstrating good behavior during the waiting period can enhance the chances of having a record sealed.

If charges against an individual are dismissed or they're found not guilty, they're eligible to apply for sealing immediately. The process is straightforward and typically doesn't require a waiting period.

Expungement of Records

In Ohio, expungement is limited. Under the current state laws, individuals may have certain convictions expunged, but the criteria are strict:

1. Type of conviction: Only first-time misdemeanor convictions can be expunged. No felonies are eligible for expungement, and serious misdemeanors are generally ineligible as well.

2. No other convictions: The individual mustn’t have any other convictions on their record, including other misdemeanors.

3. Completion of sentence: Similar to sealing, all terms of the sentence must be completed.

The Process of Sealing and Expunging Records

The process of sealing and expunging records in Ohio involves a series of legal steps that enable individuals to limit public access to their criminal history, offering a pathway to rehabilitation and a fresh start.

Step 1: Determine Eligibility

The first step is to evaluate whether the individual meets the eligibility criteria for sealing or expungement. Consulting with a legal professional may be beneficial in assessing one’s specific situation.

Step 2: Gather Documentation

To apply for sealing or expungement, individuals need to collect the necessary documents, including:

• Copies of the original charge and conviction records: These documents provide the court with a clear understanding of the individual’s criminal history and the specific offenses involved.

• Proof of completion of the sentence: This may include documents such as discharge papers or completion certificates from probation or rehabilitation programs, demonstrating that the individual has fulfilled all legal requirements.

• Evidence of good behavior, if applicable: This can encompass letters of recommendation, employment records, or certificates from community service, showcasing the individual’s commitment to positive change since the conviction.

Step 3: File the Application

In Ohio, applications for sealing or expungement must be filed in the court where the original conviction occurred. The application typically includes:

• A completed application form: This form outlines the details of the conviction and the reasons for seeking sealing or expungement, providing the court with the necessary context for the request.

• A copy of the individual’s criminal record: This record serves as a formal representation of the individual's history and must be current to accurately reflect all relevant charges and outcomes.

• Payment of any associated fees: These fees vary by jurisdiction and are required to process the application, underscoring the importance of checking the specific costs involved before filing.

Step 4: Court Hearing

After the application is filed, a hearing may be scheduled. During this hearing, the court will review the application, consider the individual's criminal history, and hear any arguments from both the applicant and the prosecutor’s office.

• Notice: The individual must notify the prosecuting attorney’s office of the application.

• Opposition: The prosecutor may choose to oppose the application, particularly if there are any outstanding issues, such as new charges.

Step 5: Court Decision

Following the hearing, the court will make a decision. If the application is granted, the court will issue an order sealing the record, which is then sent to the appropriate law enforcement agencies to implement.

Implications of Sealing and Expunging Records

The implications of sealing and expunging records extend beyond legal benefits, significantly impacting an individual's opportunities for employment, housing, and overall quality of life.

Benefits

1. Improved employment opportunities: One of the most significant advantages of sealing or expunging a criminal record is the ability to present oneself as a person without a criminal history to potential employers.

2. Access to housing: Landlords often conduct background checks, and having a sealed or expunged record can make securing housing easier.

3. Restoration of rights: Sealing records can help individuals restore certain rights, including the right to vote and the right to possess firearms, depending on the nature of the conviction.

4. Emotional and psychological relief: Overcoming the stigma associated with a criminal record can have substantial mental health benefits, allowing individuals to move on with their lives.

Limitations

1. Public record: While sealing makes records inaccessible to the public, some entities, such as law enforcement and certain employers (e.g., those in the childcare and healthcare sectors), may still access sealed records.

2. Continued disclosure requirements: Individuals may still be required to disclose sealed records in specific circumstances, such as applications for certain licenses or government jobs.

3. Complications: Working through the sealing and expungement process can be complicated and may require legal assistance, particularly if opposition arises during the court hearing.

Sealing and expunging criminal records in Ohio is a vital process for many individuals seeking a fresh start. While the state provides mechanisms for both sealing and expunging records, the eligibility criteria and processes can be intricate. An experienced attorney can help you better understand how to clear your record.