Expungement & Record Sealing Lawyers In Bellefontaine, OH
You’ve served your sentence and paid your debt to society. Depending on the circumstances, you may now be entitled to seal or expunge your criminal record, preventing most people from being able to access it or judge you on its contents. At McNamee Defense, we want to help you get the fresh start you deserve. Contact us today for an initial case evaluation with a knowledgeable criminal defense attorney to learn more about the record sealing and expungement process.
Why Choose a Criminal Defense Attorney from McNamee Defense?
The process of having your criminal records sealed is a complex one that’s best handled by a seasoned professional. One mistake could bring you back to square one, delaying your life’s next chapter. Turn to McNamee Defense for expungement help because:
- We offer diligent and discreet legal representation for individuals seeking to clear their records after an arrest or conviction.
- Our firm devises strategies that serve your best interests. We value your reputation and livelihood as much as you do.
- Attorney Colin E. McNamee has over a decade of experience representing clients in the Ohio criminal justice system, where he has earned a reputation for compassionate and understanding legal service. His detail-oriented approach ensures that his clients always have a robust case.
Understanding the Differences Between Record Sealing and Expungement
Ohio law uses “expungement” and “sealing” when referring to relief a convicted defendant might obtain from their criminal record. When an Ohio court seals a criminal record, it orders the records removed from public access, which restricts the ability to view the record to a limited number of law enforcement and criminal justice agencies for a few specific purposes. Under Ohio law, “expungement” can refer to the legal forms of relief from criminal records available under state law or to destroying, deleting, or erasing a criminal record such that the record becomes permanently irretrievable. The state typically grants expungement of criminal records only for applicants who committed or faced prosecution for committing an offense as a victim of human trafficking.
Who Can Seek Record Sealing in Ohio?
There are different processes for sealing a record of a criminal conviction and sealing one of a criminal dismissal. First, Ohio law allows an applicant to have any number of criminal convictions sealed, provided the law does not specifically prohibit sealing of a specific offense. Offenses not eligible for sealing include:
- Any traffic offense, including OVI and DUS
- Violent felony offenses
- Sexually oriented offenses committed by a sexually violent predator or habitual sexual offender
- Any offense with a victim under 13 (except for a conviction for non-support)
- First- and second-degree felonies
- Any domestic violence offense or violation of a protection order (except for fourth-degree misdemeanor domestic violence offenses)
- Third-degree felonies if the offender has more than one other felony conviction, or if the offender has exactly two third-degree felony convictions
An applicant who wishes to seal their record must observe the waiting period required by their offense as follows:
- Third-degree felonies : Three years after final discharge
- Fourth- or fifth-degree felonies : One year after final discharge
- Misdemeanors : One year after final discharge
- Official bribery : Seven years after final discharge
- Offenses resulting in a sex offender registration obligation : Five years after the duty to register expires or terminates
- Minor misdemeanor : Six months after final discharge
Furthermore, applicants may not have pending criminal charges if they wish to seal prior conviction records.
For criminal records that resulted in dismissal, a person may apply to seal their records if they received a not guilty verdict, had their charges dismissed, completed an intervention in lieu of conviction program, or received a pardon. However, if a person faced multiple charges arising from a single criminal act and some charges resulted in dismissal while others resulted in conviction, the offense of conviction must also qualify for sealing unless the offense involves a single, non-OVI traffic offense.
A person may apply to seal a record of a dismissed case immediately following a non-guilty verdict, dismissal, successful completion of an intervention in lieu of conviction program, or pardon. However, there is a two-year waiting period after a dismissal by no bill. Additionally, an applicant may not have pending criminal charges when they apply to seal a record of dismissal.
The Record Sealing Process
To seal your criminal records, you must first obtain certified copies of all court documents related to your prosecution or conviction, including copies of the orders disposing of your case or imposing judgment on a conviction. You may also have to obtain records proving that you received a final discharge when applying to seal a conviction record. Once you have these certified records, you must file a motion to seal your criminal records with the court that presided over the case. You must also serve the prosecutor who oversaw your prosecution with a copy of the motion.
The court will hold a hearing within 45 to 90 days of receiving your motion. The prosecutor may file an objection to the motion no later than 30 days before the scheduled hearing date. For motions to seal a conviction record, the prosecution must provide notice of the motion to the victim(s) of the offense.
The hearing will play out differently depending on whether you were convicted of a crime or the charges against you were dismissed. In the event of the former, the court will review your motion, the prosecutor’s objection (if any), and any objections of victims of an offense in a motion to seal a record of conviction. The court must find that you have met several requirements, including rehabilitation and eligibility. It must also determine that your interests in sealing the record outweigh the needs of the government to maintain it.
If you filed a motion to seal records of a dismissed criminal case, the court will also consider whether the government’s need to maintain the record outweighs your interest in sealing the record. If you received a pardon with conditions precedent or subsequent, the court will determine if you have met those conditions.
Should the court order your criminal record sealed, the state will keep the record in a separate file but not delete or destroy the record. However, the state will delete all index references to the record.
Furthermore, sealing a criminal record can make it as if the criminal proceedings never occurred. Law enforcement and criminal justice agencies may access sealed records for limited purposes, such as new criminal investigations or determining a person’s eligibility for pretrial diversion. Certain employers—including those in law enforcement, healthcare, and education—can also continue to access sealed conviction records. However, the state may maintain conviction records that disqualify a person from holding public office.
Benefits of Record Sealing
Sealing your criminal record may prevent it from appearing in standard commercially available background checks used by many private employers, landlords, educational institutions, or banks. As such, it comes with many potential benefits, including:
- Improved employment opportunities (provided an employer does not have access to sealed records of convictions)
- Improved access to housing, as landlords cannot learn about arrests or convictions
- Restoration of your public reputation, as you can lawfully deny that your criminal case occurred
Contact Our Law Firm Today
Are you interested in sealing your criminal records to get your life back on track without the stigma of a conviction? If so, the experienced team with McNamee Defense can determine your eligibility and walk you through the process. Contact us today to learn more from a compassionate expungement/record-sealing lawyer. Our firm is licensed in Ohio and has law offices in Columbus and Bellefontaine.