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Ohio Criminal Record Sealing AttorneyÂ
If you are a first-time offender and you are charged with a non-violent misdemeanor or a minor felony, you have the option to seal your records. The process can be confusing and complicated, so it is in your best interest to hire an attorney to determine whether your offense can be sealed. Contact Attorney Adam Burke today for your free consultation at (614) 280-9122.
Ohio Criminal Record SealingÂ
If you are a first-time offender, your conviction record may be eligible for sealing. To qualify, you must have successfully completed all the requirements of your sentence and satisfied the necessary waiting period. Â Ohio permits record sealing for a number of situations, but expungement is only allowed for juvenile records.
Sealing a record does not guarantee that it never will be accessed. The sealed information can still be accessed by law enforcement agencies and some non-law enforcement employers who work with children or the elderly. Most businesses and landlords will not find the information during routine records searches and people with sealed records legally can respond "no" when asked if they have been convicted of a crime.
Any non-conviction or juvenile offense can be sealed in Ohio, but motor vehicle violations cannot. Most first-time convictions for non-violent misdemeanors and minor felonies can be sealed. There are broad categories of offenses that always are ineligible:
- Any offense involving a prison term
- Any sexual offense
- Any felony or first-degree misdemeanor if a minor was a victim
There is a one-year waiting period for misdemeanors and a three-year wait for felonies for sealing after the case is closed. Records can be sealed for juvenile records two years after the case is closed and expungement is automatic once the person turns twenty-three or five years after the incident, whichever comes first.
Ohio Revised Code §§ 2953.32 and 2953.36
How to Seal Records in Ohio
First, contact the clerk for the court in the county where you were charged with the offense to make sure you have all the proper forms. Applications vary depending on where you were charged and forms vary for convictions and nonconvictions, so it is important to have the right forms.
Next, file the completed application in the court that handled the case and pay the filing fee if the request is to seal a conviction. There is no filing fee for nonconvictions. In most courts the application will require information such as the date of the charge, date of the conviction (if any), date any probation was terminated, and date of birth. Some courts will conduct hearings that require a personal appearance, while others do not.
Attorney Adam Burke Llc — Columbus, OH Criminal Record Sealing Lawyer
Laws dealing with records sealing can be daunting and confusing, especially in Ohio, and it is highly recommended that you secure the services of a competent criminal attorney to defend you. If you want to determine whether your records can be sealed in Columbus or any of the surrounding areas in Ohio, contact Attorney Adam Burke at (614) 280-9122 now for your free consultation.