Sealing and Expunging Records

Sealing and expunging both clear a criminal record from public view, such as for employers or landlords.

. Sealing hides the record but it legally continues to exist and can be accessed by law enforcement.

. Expungement destroys or erases the record entirely, acting as if the incident never occurred.

Key Details for Sealing Dismissals -

  • Immediate Eligibility: You can file to seal a dismissed case as soon as the court enters the dismissal on the docket.

  • No Filing Fees: Unlike sealing a conviction (which has fees up to $100), sealing a case where all charges were dismissed or a "not guilty" verdict was reached does not require an application fee.

  • No Discretionary Denials: The court has very few exceptions to what dismissed charges can be sealed, meaning these requests are almost always granted.

  • True Expungement Available: Recent state expansions allow for not-guilty findings and dismissals to be fully expunged (permanently made irretrievable), rather than just sealed from public view

Please Note:

  • Get Your Record: Obtain your complete criminal record to confirm the exact dismissal date and case numbers. Get an Ohio BCI Webcheck at various local locations or a BMV office.

  • Find the Right Court: You must file the application to seal/expunge in the specific court where the case was originally handled.

  • File the Paperwork: Obtain and fill out the sealing/expungement application packet from your local Clerk of Courts.

  • Attend the Hearing: The court will schedule a hearing, typically within 45 to 60 days, to review your application with the prosecutor.

https://cp.cuyahogacounty.gov/media/3394/2023-expungement-application-with-fd.pdf

https://moritzlaw.osu.edu/faculty-and-research/drug-enforcement-and-policy-center/research-and-grants/policy-and-data-analyses/ohio-criminal-record-relief-options

https://codes.ohio.gov/ohio-revised-code/section-2953.32

https://www.lawinfo.com/resources/criminal-defense/expungement/whats-the-difference-between-expunged-vs-sealed-records.html

https://www.supremecourt.ohio.gov/docs/Boards/Sentencing/resources/judPractitioner/adultRightsRestoration.pdf

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