Having a criminal record can significantly impact your life, making it challenging to find employment, housing, or pursue various opportunities. Fortunately, Ohio has recently expanded the law that provides a way for eligible individuals to clear their criminal records through expungement and sealing.

Understanding Expungement and Sealing:

1. Expungement: Expungement is a legal process that allows individuals to have their criminal records erased. Once expunged, the records are no longer visible to employers, landlords, or the public. It’s as if the conviction never happened. However, it’s essential to note that not all convictions are eligible for expungement.
2. Sealing: Sealing, is a process that limits access to your criminal record. While it doesn’t erase the record entirely, it makes it inaccessible to most employers and landlords. Certain government agencies and law enforcement entities may still have access to sealed records.

Eligibility for Expungement and Sealing:

Not all convictions can be sealed or expunged in Ohio.  The following types of convictions cannot be sealed or expunged:

1^st or 2^nd Degree Felonies

3 or more 3^rd Degree Felonies

Traffic Convictions

Felony Offenses of Violence

Sexually Oriented Offenses (That are subject to sex offender registration.)

Offenses in which the victim was less than 13 years old (But this does not include nonsupport of dependents.)

Domestic Violence

Violating Protection Order

Furthermore, Ohio law has specific waiting periods after discharge of the case that must be met before an individual is eligible for expungement or sealing.  For the discharge to have occurred, any term of probation, obey all laws orders and the payment of all fines and costs must have been completed.  Also, an individual cannot have any pending criminal cases at the time of filing for sealing or expungement.

For Sealing of Records, the waiting periods are:

Minor Misdemeanor – Six months from discharge

Misdemeanors of the 4^th through 1^st Degree – One year from discharge

Felonies of the 4^th and 5^th Degree – One year from discharge

Felonies of the 3^rd Degree (No more than two.) – Three years from discharge

For Expungement of Records, the waiting periods are:

Minor Misdemeanor – Six months from discharge

Misdemeanors of the 4^th through 1^st Degree – One year from discharge

Felonies of the 4^th and 5^th Degree – Eleven years from discharge

Felonies of the 3^rd Degree (No more than two.) – Thirteen years from discharge

Additionally, cases that have been dismissed can be sealed after the appropriate statute of limitations has expired.

Benefits of Expungement and Sealing:

            There, are several benefits to having your criminal records expunged or sealed.

1. Improved Employment Opportunities: A criminal record can be a significant barrier to finding employment. Expungement or sealing can help you qualify for more job opportunities and advance your career.
2. Better Housing Options: Landlords often conduct background checks on potential tenants. Having a clean record through expungement or sealing can increase your chances of securing stable housing.
3. Restoration of Civil Rights: Expungement and sealing can also restore certain civil rights, such as the right to vote and own firearms, which may have been restricted due to a criminal conviction.
4. Peace of Mind: Knowing that your past mistakes are not readily visible to the public can provide peace of mind and a fresh start in life.

The Process of Expungement and Sealing:

1. Consultation: Seek legal advice from an experienced attorney specializing in criminal record expungement and sealing. They can evaluate your eligibility and guide you through the process.
2. Petition Filing: Your attorney will file a petition in the appropriate Ohio court, outlining the details of your case and your request for expungement or sealing.
3. Court Hearing: In some cases, a court hearing may be required to present your case. Your attorney will represent you and argue for the expungement or sealing of your records.

Judgment: If the court approves your request, they will issue a judgment to expunge or seal your records.

Expungement and sealing of criminal convictions in Ohio offer individuals a second chance at life without the burden of a criminal record. It is important to consult with a qualified attorney to understand your eligibility and to navigate the legal process effectively. With the right guidance, you can clear your past records and move forward toward a brighter, more promising future.