Sealing and Expunging Criminal Records in Ohio

In Ohio, a criminal record becomes public after conviction, which can result in potential complications. Opportunities such as employment, admission, scholarship, or housing are typically less available to individuals with open criminal records. Sealing and expunging such documents may be the only way to prevent them from public view. The Ohio Revised Code Section 2953.31 grants 'eligible offenders' the right to request the sealing of their criminal records.

Typically, only ex-convicts with fewer than five felonies are described as eligible. Examples of records that can be sealed are arrest reports, old juvenile convictions, DUI convictions, street racing, and other traffic violations. Section 2953.36 lists some violent crimes and convictions related to minors that are not eligible for expungement. This includes rape, sexual battery, pornography involving a minor, etc.

The Difference Between Sealing and Expunging Criminal Records

Generally, sealing a criminal record means concealing it from the public, but it can be reopened through a court order. Expungement means total removal or destruction of the file. However, the Ohio Revised Code only makes provision for the sealing of records. Hence, record sealing and expungement mean the same thing in Ohio. The only alternative to record sealing is to file for a CQE (Certificate of Qualification for Employment). Although the certificate cannot expunge or seal a record, it can be used to seek relief for felony convictions. An individual seeking to file a CQE petition must have completed a one-year waiting period after the sentence.

How to Seal a Criminal Record in Ohio

Record sealing in the state of Ohio is available to eligible offenders who:

• were indicted but not convicted
• have less than five or five felony offenses in their rap sheet
• have no pending criminal accusations to answer.
• Have completed their waiting period requirements since the day of their conviction and sentence. For misdemeanors, individuals must wait for at least one year. Offenders with one, two, or more felonies must wait for three, four, and five years, respectively, to apply.

Based on these requirements, individuals should find the Ohio court where the conviction took place. Approach the court clerk to obtain a copy of their rap sheet and application form for record sealing.

After completing the application form with the help of a legal counsel, the applicant is expected to file a motion to seal the conviction record. Filing to seal a non-conviction or dismissed case is free, but it costs $50 to seal a felony or misdemeanor. However, the offender may request a poverty affidavit from the court clerk if they are unable to pay.

Afterward, the court staff or probation department is tasked with investigating whether the offender is eligible. Mail notification regarding the hearing date will be sent to the offender and prosecutor. Before the hearing, prosecutors may object to the offender's motion via a written memorandum filed with the sentencing court. Hence, it is always better to hire an expert attorney for this purpose.

The judge at the sentencing court typically makes the final decision on granting or rejecting a record sealing motion. The decision will be influenced by the evidence and arguments presented at the hearing. The judge will sign an Order of Expungement and Sealing of Record to show that the motion is granted. The order will be sent to approved agencies in charge of the record, mandating them to seal the documents.

What Crimes Can Be Expunged in Ohio

In most instances, sealing a record is used together with expungement. However, the state of Ohio makes provision for the complete removal of some minor crimes. According to ORC Section 2953.38, crimes relating to victims of human trafficking can be erased. Other related offenses that can be expunged include:

• Solicitation after an HIV test
• Loitering to solicit
• Prostitution under the HIV test
• Convictions relating to firearms

Can a Felony Be Expunged in Ohio?

For individuals with a felony conviction in Ohio, expungement may offer a fresh start. Expungement in Ohio permanently destroys a criminal record, rendering it inaccessible to the public. Under Ohio Revised Code § 2953.31, an individual must be an “eligible offender” before they can qualify to have a felony conviction expunged. As defined in section 2953.31, an eligible offender must have not more than one felony conviction and one misdemeanor conviction. Per Section 2953.32, two or more convictions from the same act are counted as one. First-degree felonies, second-degree felonies, and sexual offenses are automatically excluded from expungement.

Some eligibility conditions for felony expungement are:

• The individual must have completed all sentencing requirements, including probation and fines or restitution
• The mandatory waiting period of 10 years must have elapsed for third-degree felonies
• For a low-level felony, the waiting period of one year must have elapsed
• The individual must have no pending criminal charges
• The individual must not have more than two convictions

Upon application, the petitioner would be scheduled for a hearing within 45 to 90 days. They must serve the district attorney with a copy of their petition. The petitioner must convince the court that they have been rehabilitated, possibly by providing certificates of community service, substance abuse treatment, or other documentary evidence.

Moreover, the judge would consider the reasons for seeking expungement and apply discretion to ensure there is good cause to grant the expungement. The judge must also deem that the individual's right to a fresh start outweighs the need to retain the records.

How to Expunge Criminal Records in Ohio

In Ohio, the process of applying for criminal record expungement is generally similar to that of record sealing. Applicants typically obtain their rap sheets and expungement forms at the clerk of courts' office where the conviction occurred. After completing the forms, applicants may file a motion for expungement to the court. The court sets the hearing date, where the proposal will be granted or rejected. If granted, the court clerk will notify the record custodians, who will eventually destroy the records.

Do Sealed Records Show up in Ohio Background Checks?

No. Once the order of expungement or record sealing has been signed, the conviction will be missing from the rap sheet. According to the restoration of rights statute in Ohio, the sealed offense will be treated as if it never occurred. Hence, the online and paper forms of the records will be filed in a unique but secure place. Nonetheless, the records are still in existence but concealed from the public.

Who Can See Sealed Criminal Records in Ohio

Usually, law enforcement agencies are allowed access to sealed records. The records will help those agencies in future investigations. Other times, sealed records are used as a reference for future sentences. ORC Section 2953.32d lists all the approved agencies and persons that can have access to sealed records. These include:

• Record holder
• Prosecutors
• Judges
• Police
• Employers in law enforcement agencies
• Employers working with kids, i.e., schools, daycares, and health-care services
• Employers in real estate
• Employers in a financial institution
• Professional bodies such as the State Medical Board, State Board of Psychology, State Dental Board, State Accountancy Board, State Board of Nursing,

How Can I Get My Record Expunged for Free in Ohio?

The total cost of an expungement in Ohio depends on the types of charges involved, the case outcome, and whether the petitioner qualifies for waivers. Generally, petitioners must pay a non-refundable fee of $50 regardless of the outcome of the petition. However, those with limited funds may submit an affidavit of indigency to have the filing fee waived by the court.

To initiate the process, petitioners must provide a certified copy of the conviction, which may incur a fee of $25. They may also require a background check, which may cost up to $35. Moreover, some individuals may require the services of an attorney. This adds to the overall cost.

Petitioners on a limited budget may be eligible for legal aid and pro bono legal services provided by the state bar association and other non-governmental organizations (NGOs). They can also access resources to help them through the expungement process through the Ohio Supreme Court.

Some of the information required for expungement petitions includes:

• The name of the petitioner
• The court of conviction
• Date of birth
• Charges for which they seek expungement
• Case disposition

How to Obtain Sealed Records in Ohio

The BCI (Bureau of Criminal Investigation) in Ohio maintains a record of all sealed criminal records. While the record holder and approved governmental agencies can obtain these records, private individuals must get a court order before gaining access to the records. Record holders may be able to obtain a copy of the sealed document by submitting personal information and fingerprints to the following BCI&I locations:

BCI London
1560 State Route 56 SW
London, Ohio 43140

BCI Bowling Green
750 North College Drive
Bowling Green, Ohio 43402

BCI Youngstown
20 W. Federal Street
Youngstown, Ohio 44503

BCI Richfield
4055 Highlander Parkway
Richfield, Ohio 44286

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that can be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.