Ohio Criminal Law: How to Handle Criminal Record Sealing and Expungement

Ohio Criminal Law: How to Handle Criminal Record Sealing and Expungement

Ohio criminal law provides individuals with the opportunity to seal or expunge their criminal records under certain conditions. This process can significantly impact a person's life, particularly in areas such as employment, housing, and personal relationships. Understanding the nuances of this legal procedure is essential for anyone considering it.

What is the Difference Between Sealing and Expungement?

In Ohio, the terms "sealing" and "expungement" are often used interchangeably, but they do have specific meanings. Sealing a record means that the legal documentation is still present but is hidden from public view. Expungement, however, refers to the complete destruction of the record. Ohio law primarily uses the term sealing for criminal records.

Eligibility for Sealing of Criminal Records in Ohio

To be eligible for sealing your criminal record in Ohio, the following criteria must typically be met:

  • The individual must not have been convicted of a felony or have been convicted of only one misdemeanor, which was not a crime of violence.
  • At least one year must have passed since the completion of the sentence, including any probation or parole.
  • The individual must have demonstrated good behavior during that year.
  • The offense must be eligible for sealing according to Ohio Revised Code.

The Process of Sealing Your Criminal Record

To begin the process of sealing a criminal record in Ohio, individuals should follow these steps:

  1. Obtain the necessary forms: Visit the local courthouse or the Ohio Department of Rehabilitation and Correction (DRC) website to access the sealing application forms.
  2. Complete the application: Fill out the application accurately, ensuring that all required information is included.
  3. File the application: Submit the application to the court where the original case was heard. There will be a filing fee associated with this process.
  4. Attend the hearing: If the court schedules a hearing, you must appear in front of the judge to present your case. Be prepared to explain why sealing your record is justified.
  5. Receive the court's decision: After the hearing, the court will either grant or deny your request. You will receive notification in writing.

Common Challenges in the Sealing Process

Individuals seeking to seal their criminal records may encounter various challenges, including:

  • Incomplete applications or failure to provide necessary documentation can lead to delays or denials.
  • Opposition from the prosecution, particularly in cases involving serious crimes or multiple offenses.
  • Legal complexities that might require professional assistance to navigate effectively.

Why Consider Hiring an Attorney?

While it is not mandatory to hire an attorney for sealing or expungement processes, doing so can be beneficial. Attorneys with experience in Ohio criminal law can provide valuable guidance through the complex legal system, help prepare necessary documents, and represent individuals during court hearings.

Conclusion

Sealing a criminal record in Ohio can open many doors for individuals looking to move forward in life without the stigma of a past conviction. Understanding eligibility, thoroughly preparing for the application process, and considering professional legal assistance are key components to successfully sealing a criminal record. If you believe you're eligible, take the first step towards a fresh start today.