We write many articles about Expungement in Ohio. We have already addressed the change that made true expungement possible in many cases. Before 2023, true expungement almost never took place in adult cases. Many times, the court could have a record sealed – that is, hidden from the public record. People would often and still do use the term “expungement” toreallymean “sealing.” But technically, expungement means destroying the record. Even court officials and law enforcement no longer have access to an expunged record (with narrow exception). While juvenile courts often expunged records, the practice was usually not possible in adult court until 2023. But with the new expungement law, things changed. And the new expungement law in Ohio works!
Practice Use of the New Law
Ever since the update to Ohio expungement laws in 2023, full expungement of adult records is much more possible. The Oho Revised Code (ORC) Section 2953.32 details time tables for sealing and expunging criminal records. But this new change to the Ohio Revised Code left our attorneys with some practical questions. So the letter of the law allows people in Ohio to have certain criminal records expunged. But how can Ohioans invoke this right? Is it the same process as the previous process of sealing a record? Is it enough to change the word “seal” to “expunge” and resubmit the sealing application after the time specified in the ORC? Our attorneys almost immediately went to work finding out the answers to these questions. They found that the answers vary from court to court. Sometimes we had to scratch out the word “sealing” and write “expungement,” sometimes we had to find new forms to expunge a record in a specific court, sometimes we had to work with courts that had not yet put any policies in place to accommodate the new law. But the good news is – IT WORKS!
While a judge can still deny an application for sealing or expungement, court policies must be in compliance with the ORC when it comes to the application process. Over the past few years, more records have become eligible for sealing as well as expungement, and the courts have put into practice application processes to stay current with the law. With every change, our attorneys have gained experience applying for sealing and expungement under the current law.
Conclusion
So the new expungement law in Ohio works. But Even though Ohio has continued to expand the possibility for sealing and expunging criminal records, the criminal records still must meet several requirements, and those requirements differ depending on the nature of the offense, the amount of time since the offense and other factors like that. There are still certain crimes that cannot be fully expunged and some that cannot be sealed at all. We try to break down the rules for sealing or expunging criminal records in other recent articles, but we understand that the rules can be quite confusing. Even if you understand the rules for your situation, it is generally a good idea to hire an attorney to help you through the application process. If you have questions about your situation or want to apply to have a criminal record sealed or expunged, do not hesitate to contact the expert attorneys at Dearie, Fischer & Martinson LLC.
