Moving On From A Criminal Record? Here’s How Expungement Or Sealing Can Help

A criminal record can follow you decades after you’ve served your sentence. Your record makes it harder to get a job, secure housing, and move forward with your life. But if you have a criminal record in Ohio, you may have options. Expungement, also known as record sealing, is a legal tool that can help you put your past behind you and open the door to a better future.

What Is Expungement and Sealing?

Expungement is another word for sealing criminal records. It’s the legal process of removing a criminal record from public view. Once a record is sealed in Ohio, it is as if the offense never happened (for most purposes).

First, you must be an “eligible offender.” An eligible offender is someone whose criminal record meets specific limits under Ohio Revised Code §2953.31. Generally, you qualify if:

• You have an unlimited number of misdemeanors and eligible fourth- or fifth-degree felonies, or
• If you have no more than two felonies and up to four misdemeanors in any state

Expungement is available for many offenses. The exceptions are:

• First or second-degree felonies
• Most violent crimes
• Sex offenses requiring registration
• Offenses involving victims under 13 (with certain exceptions)
• Domestic violence offenses
• Traffic violations, including OVI

Ohio imposes certain waiting periods to apply for sealing. These include:

• Misdemeanors – One year after final discharge
• Fourth or Fifth-Degree Felonies – One year after final discharge
• Third-Degree Felonies – Three years after final discharge

“Final discharge” means completing all aspects of your sentence. That includes incarceration, probation, and paying any fines or restitution you may owe.

The Sealing Process

The sealing process in Ohio may vary depending on your circumstances. Here are the basic steps:

• Gather Your Records – Gather detailed information and paperwork about your convictions from the court.
• Complete Application – Fill out the appropriate forms, which can be obtained from the court or online. Ensure you’re using the correct form for sealing or expungement.
• File with the Court – Submit your application to the court where the conviction occurred.
• Pay Filing Fee – A fee (not exceeding $50) may be required. If you can’t afford it, you can request a waiver.
• Attend Hearing – The court will usually schedule a hearing within 45 to 90 days. Be prepared to discuss how your conviction has impacted your life and the steps you’ve taken since.

If successful, your record will be sealed. This can make it easier to access housing, employment, and educational opportunities.

Mistakes to Avoid

While it is possible to file for expungement or record sealing on your own, that can lead to costly mistakes. Common errors include failing to complete the application appropriately, missing required documentation or deadlines, failing to attend hearings or pay filing fees, and filing in the wrong court system.

These missteps can delay the process or result in denial. Having knowledgeable legal guidance can make a significant difference in the outcome.

Take the First Step Toward a Clean Record with McNamee Defense

Your past doesn’t have to define your future. Whether you’re looking to clear an old arrest, seal a misdemeanor, or find out if you qualify for record sealing, help is available.

McNamee Defense provides skilled, compassionate criminal defense and post-conviction relief services in Ohio. We’ll review your record and explain your options so you can make an informed decision.

Contact McNamee Defense today to find out if you’re eligible for expungement or sealing – and how we can help.