A criminal record can follow you long after a case is over, showing up on background checks for jobs, housing, and licenses. Ohio law allows many people to have their records sealed or expunged, and the rules were expanded in recent years. This article explains the basics in general terms.
Expungement and record sealing are part of our criminal defense services, and for noncitizens they should always be considered alongside immigration.
Sealing versus expungement in Ohio
Ohio uses two related terms:
Sealing. The record still exists, but it is hidden from the public and most background checks. Certain agencies can still access it in limited situations.
Expungement. The record is permanently erased or destroyed, so it is treated as if it never existed for most purposes.
Which option is available depends on the offense and how much time has passed.
Who may qualify
Eligibility depends on several factors, including:
The type and level of the offense
Whether the case ended in a conviction, a dismissal, or a not guilty finding
How much time has passed since the sentence was fully completed, including probation and fines
Whether there are pending charges
Cases that were dismissed or ended in a not guilty finding can often be sealed sooner than convictions. Some offenses are not eligible, including many violent and sexually oriented offenses, and many traffic offenses, such as OVI convictions, generally cannot be sealed.
How the process generally works
An application is filed with the court where the case was handled, such as the Franklin County Municipal Court or the Licking County Court of Common Pleas.
The prosecutor is notified and may object.
The court may hold a hearing and weighs the person's interest in having the record sealed against any government interest in keeping it public.
If granted, the court orders the record sealed or expunged.
A key warning for noncitizens
Sealing or expunging a record in Ohio can be very helpful for jobs and housing. It usually does not erase a conviction for immigration purposes. In general, federal immigration authorities still treat a sealed or expunged conviction as a conviction, and immigration forms often ask applicants to disclose all arrests and convictions, including sealed ones. Failing to disclose a sealed record on an immigration form can create a separate problem.
A conviction that is vacated because of a legal defect in the original case, rather than for rehabilitation, may be treated differently. That is a very different process from sealing, and it requires a careful review of the original case.
Should you apply?
For many people, sealing is a smart step. For noncitizens, it is best to review the immigration side first, so the plan fits both goals.
To find out whether your record may qualify, contact Wisniewski Law to request a consultation.
This article provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different, so please speak with an attorney about your specific case.
