The Difference Between Expungement & Record Sealing in Ohio

When you have been convicted of a crime, it will stay on your criminal record for anyone who wishes to perform a background check. This can make it difficult to secure a job, gain approval for a loan or housing opportunity, get accepted to an educational or vocational program, obtain a professional license, and more.

In Ohio, the terms expungement and record sealing are often used interchangeably, but they have distinct legal meanings and implications. Expungement refers to the process of completely erasing a criminal record as if it never occurred, while record sealing conceals the record from public view but allows certain law enforcement and governmental agencies to access it. The primary difference lies in the accessibility of the record; expunged records are typically inaccessible to all, whereas sealed records remain visible to specific entities. There are, however, some limited exceptions for law enforcement, certain licensing agencies, the Ohio Bureau of Identification and Investigation, and the clerk of the courts to access this information, which does not apply to charges that were dismissed or did not result in a conviction. 

Eligibility criteria for expungement and record sealing also differ. Expungement is often not available for serious offenses, and the individual must typically wait a specific period after completing their sentence before applying. Record sealing, on the other hand, may be more accessible, allowing those with lesser offenses to shield their records from public scrutiny more readily. The benefits of these legal processes are significant, offering individuals a fresh start by improving employment prospects and reducing the stigma associated with a criminal record. Successfully navigating these processes can lead to greater personal and professional opportunities.

Qualifying for an Expungement

Filing for an expungement can be complex, and they are not easily awarded. A major part of the process involves a hearing in front of a judge where you will have to make a good impression and persuade the court to give you an expungement. Retaining an attorney who is aware of the ins and outs of the law can help your chances of improving the likelihood of approval and speeding up the process.

While there are many crimes that can be expunged for those who are eligible, it ultimately depends on the nature of the crime, the time of the offense, and whether the crime is a felony or misdemeanor.

For felony expungement, a person cannot have two or more unrelated felony convictions on their record. Eligibility is further defined under O.R.C. 2953.31 – three years must have passed since the conviction was discharged and the terms of the sentence were completed, all fines must be paid, you must have no pending criminal proceedings, and all requirements of your probation were fulfilled. 

Additionally, there are some felony crimes that cannot be expunged: