Expungement and Sealing of Records

What is the benefit of having my official records expunged or sealed?

Having your conviction or charge expunged or sealed can improve your circumstances regarding such matters as employment, housing, government assistance, adoption, and civil liberties (e.g., voting; gun ownership). It can also improve emotional well-being, as the charge or conviction is treated as though it never occurred.

It is important to note, however, that you may still be required to disclose the facts relating to expunged or sealed records in certain circumstances, such as for:

• Certain jobs:
  • Law enforcement
  • Childcare
  • Positions requiring security clearance
  • Private employers who specifically ask about expungement/sealing
• Professional licenses (e.g., state bars, medical boards, therapists)

Note: Although you can treat an expunged or sealed matter as never having happened, your employment or license may be terminated if when you apply you are asked to disclose your expunged or sealed record but fail to do so.

Note: There is a basic, practical difference between expunging a record and sealing it. Expunged records are destroyed, so they are meant to be permanently inaccessible. Sealed records are removed from public view but are generally accessible to certain parties (e.g., law enforcement, government agencies, and certain licensing bodies).

What sorts of records are subject to expungement or sealing?

Ohio allows the expungement or sealing of a multitude of misdemeanors and felonies. There are, however, important exceptions. Thus, some offenses are not eligible for either one, while other offenses are eligible for sealing only.

Below are examples of convictions not eligible for expungement:

• 1st or 2nd degree felony
• Felony offense of violence
• Certain sexual offenses
• Most traffic-related convictions
• DUI/OVI
• Most offenses against a victim less than thirteen years old
• 3rd degree felony where you also have a record of multiple felonies
• Domestic violence convictions that are M1 or M2
• Violating a court’s protection order

These offenses are examples of crimes that are eligible for sealing but not expungement:

• Domestic violence convictions that are M1 or M2
• Violating a court’s protection order

How can Attorney Tovanche help me?

I will nagivate the complex web of rules governing expungement and sealing of official records. You may or may not be eligible for either one, or you may be eligible for sealing but not expungement, or it may be that your offense is eligible but not enough time has passed for it to be sealed or expunged.

Moreover, courts often view applicants in a more favorable light when they are represented by counsel, as it demonstrates how serious the applicant is in achieving the goal. It is also important to recognize that the State may oppose your application. I would therefore work with you to put your “best face forward,” by stressing any supporting factors showing an approval would be in the interests of justice. I would emphasize such matters as:

• Any restitution you may have made to any victims
• Your law-abiding nature in the time since the violation at issue
• How you have improved your personal circumstances in life
• Any responsibilities you have continued to meet or any new responsibilities you’ve undertaken and met since your violation
• Any new goals you’ve met, such as those relating to education, professional licensing, or employment.