Sealing and Expungements

In the State of Ohio, when a person is convicted of a crime it will stay on their record unless certain steps are taken to remove or seal it from public view. There are two ways to remove a conviction and that is by sealing a case or expunging a case. Expunging a case is usually the preferable option, but may not be available due to the longer wait times.

Sealing A Case

Sealing a case removes the conviction from public view. If a case is sealed it will no longer be displayed on the court’s website and will not be able to be viewed on most background checks. It is important to note that prosecutors and government background checks like law enforcement will still find it. But when a case is sealed it is deemed to have never legally occurred. So even though there was a conviction in the past, legally there is no conviction if the motion to seal has been granted by the judge.

Waiting Period for Sealing a Case

In order to seal a case, the wait time for most misdemeanors is 1 year from the end of probation or after the sentence is given if there is no probation. For a minor misdemeanor, the wait period is 6 months. With felonies there is a longer waiting period. For felonies of the fifth or fourth degree, the wait period is 1 year after the case is discharged or community control has ended. For a felony of the third degree, the wait period is 3 years after the case is discharged or community control is terminated.

Expunging a Case

Expungement is the best of the two options, but the wait period is often longer. Expunging a case involves destroying the actual file and not being visible to the public. It is more permanent than a motion to seal in that sense. The wait period to expunge a case is 6 months for a minor misdemeanor, 1 year after the case is discharged or probation has ended for a misdemeanor. For felonies of the fifth or degree, the wait period is 11 years after the case is discharged or community control has ended. For a felony of the third degree, the wait period is 13 years after the case is discharged or community control has ended.

Ineligible Cases

With both sealing and expunging cases, there are some charges that are not permitted to be sealed. Many of those are high level felonies, offenses of violence, any traffic or driving conviction, or sex offenses. Many people have traffic tickets on their record, and those convictions can never be sealed or expunged as the law stands right now. Obvious charges like rape, murder, and felonious assault cannot be sealed either. But it depends on what the actual conviction is for, not what the original charge is. For example, if a person is originally charged with murder but the charge is amended to a disorderly conduct, then that charge is able to be sealed. But if the conviction is for murder then it would not be eligible to be sealed.

Considerations of the Judge

When making a motion to seal or expunge there are some balancing factors that the judge has to consider. Additionally, any person who makes the motion to seal or expunge has the right to a hearing on that motion. The judge has to balance the interest of the state in keeping the conviction public against the interest of the defendant in having this charge sealed or expunged. Many times the defendant is asking for the charge to be sealed for employment or housing purposes. Some judges will require a person to be rejected from housing or a job offer before granting the motion. Other judges will grant it without any rejection from a housing or employment opportunity. Knowing the judge and what they do on cases like these is important information before filing a motion.

One thing that cannot be changed with sealing or expunging a case is the records online. Courts cannot make news stations or other websites take down the pages that they have posted online. When a case is sealed or expunged, it does not mean that public pages online will be taken down.

The law as it concerns sealing and expunging cases has been changing almost ever year in favor of defendants. The law is much more open and friendly to defendants who are looking to have their cases sealed or expunged. Some charges and cases that were not able to be sealed years ago are now eligible to be sealed. There also used to be limits on how many charges can be sealed, and many of those restrictions have been lifted. If a charge is not eligible to be sealed today, it may be eligible to be sealed in the future. Although there is no guarantee, the law is changing and is becoming more friendly to defendants looking to have their case sealed.

If you are looking into sealing or expunging and do not know what to do, do not know if you would be eligible, or you do not know if it would be worth the hassle of hiring an attorney, call Brian C. Morrissey, Attorney at Law LLC at 419-830-7441, fill out a contact form, or email at brian@brianmorrisseylaw.com. Consultations are free, and usually only take a few minutes over the phone.