One of the most exciting changes to Ohio law from last year had to do with Expunging a criminal record in Ohio. True expungement of a criminal record for an adult in Ohio used to be very rare. So rare, in fact, that many people would use the term “expungement” to really mean “sealing.” Sealing a criminal record in Ohio means what it sounds like it means. The sealing process hides the record from the public, but the record still exists. Under some circumstances, certain people can access a sealed criminal record.
On the other hand, when the court expunges a record, they destroy it. The laws in Ohio that deal with sealing and expungement of criminal records have been changing over the past five or ten years. One of the changes from last year greatly expanded the number of situations where someone with a criminal record in Ohio could have their record expunged. So is sealing criminal records still relevant? Why would someone with a criminal record have their record sealed? We will discuss the relevance and usefulness of sealing in this article. There are still some reasons why Ohioans with a criminal record might be interested in sealing a criminal record in Ohio
Sealing Can Often Happen Quicker
As you can see from our Waiting Periods for Expungement Table, The waiting periods for have a record expunged are sometimes longer than the Waiting Periods for Sealing. Sometimes the waiting period for expungement does not even start until the time specified for sealing has completed. You may still want to apply for expungement when the time comes. But if you can apply for sealing before that, it may be a good ida. Even if you still have to wait for expungement, having the record sealed can still be beneficial.
Some Records Can be Sealed But Not Expunged
This is rare after the updates to expungement law last year. The Ohio Revised Code really only specifies one type of conviction that can be sealed but not expunged. That conviction is Domestic Violence when the conviction is a misdemeanor of the fourth degree.
Even after the change, the expungement laws can be complicated. There could be other sealed records that a court will not expunge. Even if the ORC allows an application for expungement, the court may not approve it. In fact, the same goes for sealing applications.
Conclusion
We understand why Ohioans with a criminal record would find expungement desirable over sealing. We are not saying they are necessarily wrong. But for many criminal records, the option to seal is still available. This option may make sense especially if your criminal record is eligible to seal, but has yet to become eligible for expungement. If you have further questions about sealing a criminal record in Ohio, or if you need help fighting any criminal conviction, feel free to contact Dearie, Fischer & Martinson.
