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.
Transcript
Lisa Mosby: Welcome to Armor and Advocacy with Colin McNamee of McNamee Defense. Colin is an Ohio criminal defense attorney known for discreet, strategic representation in high-stakes criminal cases. His work focuses on protecting clients’ rights, reputation, career, family, and future while avoiding unnecessary public exposure whenever possible. I’m Lisa Mosby. Today, we’re discussing record sealing and expungement in Ohio, who may qualify, and why the difference matters. Hi, Colin. Welcome. Colin McNamee: Hello, Lisa. Thank you for having me back. It’s great to be here. Lisa: What is the difference between record sealing and expungement under Ohio law? Colin: There’s an important difference. Depending on the offense and the timing, a record may be eligible for sealing before it’s eligible for expungement. Think of sealing as placing a record in a sealed envelope and moving it out of the ordinary court files. The record still exists, and government agencies may be able to access it in certain circumstances. Expungement goes further. Think of a sponge wiping something clean. The records are destroyed, including the digital record in the clerk’s system. Lisa: What do people misunderstand about whether a criminal record disappears over time? Colin: A common misconception is that once a case is resolved, the record is automatically sealed or expunged. Generally, that doesn’t happen. A person must apply, and their eligibility depends on Ohio law. There are limited circumstances, including some juvenile matters or agreements in adult court, where records may be sealed or expunged without a separate application. But someone who wants to clear a record should speak with an attorney about their options, eligibility, and the applicable timeline. Lisa: What determines whether someone qualifies to clear a criminal record in Ohio? Colin: Several factors matter. The offense itself is important, as is whether it was a felony or misdemeanor. Ohio law sets different waiting periods for different offenses. Prior convictions and the number of offenses on a person’s record can also affect eligibility. Some offenses are not eligible. For example, traffic offenses, including OVI, generally cannot be sealed or expunged. Domestic violence and certain other offenses of violence may also be ineligible. A lawyer needs to review the specific record and the applicable law. Lisa: How do prior convictions or multiple offenses affect eligibility? Colin: The number of prior convictions, particularly felony convictions, may prevent someone from qualifying. That’s why it’s important to review the entire record rather than looking at only the case the person wants to clear. There is also typically a filing fee. The process includes a review of the person’s record to determine whether they meet the eligibility requirements. Lisa: Are there other convictions that people are surprised to learn cannot be sealed or expunged? Colin: Traffic offenses surprise a lot of people. Someone may assume that a speeding ticket or running a stop sign is minor enough to remove from their record. But traffic offenses generally are not eligible for sealing or expungement in Ohio. As a broad rule, the more serious the offense, the less likely it is to qualify. The specific statute and the person’s record ultimately control the answer. Lisa: I can see why that causes confusion. If someone runs a red light and nobody is hurt, it might seem like something that could be expunged. But a traffic offense still would not qualify? Colin: Correct. Lisa: Where do the long-term consequences of a criminal record show up in ways people might not expect? Colin: At McNamee Defense, we pay close attention to what lawyers call collateral consequences: effects of a conviction beyond the sentence imposed by the court. A record can affect employment, education, student loan eligibility, professional licensing, insurance, and the ability to hold certain positions. It may even affect whether a parent or family member can chaperone a child’s school field trip. Someone might have a felony conviction from many years ago, live a law-abiding life, and later apply for a professional license. Only then do they discover that the old conviction creates a problem. That consequence may not have been clear when the criminal case was resolved. Lisa: Once someone qualifies, what does the process look like from filing through final approval? Colin: First, an attorney should review the person’s record and determine whether they’re eligible. I prefer to do that at the outset so a person doesn’t spend time and money on an application that cannot succeed. The next step is filing an application for sealing or expungement, depending on eligibility, timing, and the person’s goals. The government then has time to review the application and may object. How long the process takes depends on the court; it may take several weeks or a few months. There may be a hearing. The applicant must explain why their interest in sealing or expunging the record outweighs the government’s interest in keeping it. Evidence of rehabilitation, a law-abiding life, payment of restitution, and the person’s plans for moving forward can be important. Lisa: Do you have an example of a situation where clearing a record changed someone’s future opportunities? Colin: One situation I see involves clients whose cases were dismissed or who were found not guilty. The record of an arrest or charge can still follow them, even though they weren’t convicted. For someone who faced a serious accusation, clearing the record can be particularly important. Employers and others may find an old charge through an online background check without understanding how the case ended. Seeking to clear an eligible record can help that person move forward without the unresolved impression created by the charge. Lisa: That makes sense. After a record is sealed or expunged, what should people know about what employers, licensing boards, or others may still be able to see? Colin: Expungement provides significant protection, but people should pay close attention to the exact questions they’re asked. Some applications, particularly for law enforcement, security clearances, or positions of public trust, may ask about records that have been sealed or expunged. Before answering questions about a past case, it’s wise to consult an attorney who can explain what the applicant is required to disclose. The goal is to answer accurately and avoid a misunderstanding during the hiring or licensing process. Lisa: Colin, it’s always a pleasure. I learn something new every time we talk. Thank you for your time. Colin: Thank you for having me, Lisa. It’s always a pleasure speaking with you. Lisa: That’s it for today’s episode of Armor and Advocacy. Thank you for listening. Please subscribe, share the episode, and leave a review. We’ll see you next time.
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.