Yes, but determining eligibility and knowing what, where, and how to file can be complicated. Having an experienced Columbus Ohio expungement lawyer may help improve your chances of having your criminal records sealed. At the very least, save yourself time by consulting with a criminal defense lawyer who has helped others navigate the Ohio expungement process.
One thing to understand up front is that Ohio does not actually expunge or delete arrest and conviction records. Rather, various record keeping agencies are given notice that the record has been sealed and should be hidden from public view.
An expungement refers to the destruction of records whereas sealing records makes the information related to an arrest and conviction off limits to nearly everyone, such as an employer who performs a background search. Sealed criminal records can still be accessed by law enforcement personnel, judges, prosecutors, and a limited number of employers (i.e. those requiring security clearance, access to prescription medication, etc.). Some information in sealed records may also be unsealed when a member of the public receives permission from a court to access and review specific details.
Despite this difference, the terms “expunge” and “seal” are used interchangeably by almost everyone involved in the criminal justice system. The effect is essentially the same. Sealed records are almost never unsealed because practically no one asks to see information they have no easy way to know exists. Simple curiosity will not suffice as a reason to have records unsealed. The person or agency that requests unsealing must go to court to have their request granted.
Know Which Records Can Be Expunged in Ohio
Certain convictions on a person’s criminal record cannot be sealed no matter how much time passes. Certain convictions may also make a person ineligible to seal records of convictions that would otherwise be eligible for sealing. Fortunately, recent revisions to Ohio law on sealing criminal records has made it easier to be eligible for sealing records by increasing the amount of total convictions a person can have and still qualify for sealing.
The recent loosening of eligibility still prohibits the sealing of certain offenses like:
- Traffic tickets, as moving violations are not criminal offenses;
- Operating a vehicle while intoxicated (OVI), which is what Ohio laws call driving under the influence of drugs or alcohol;
- Driving with a license that was suspended pursuant to an arrest or conviction for OVI;
- Hit and run;
- Street racing;
- High-level felonies (though records related to a single felony of the third degree may be eligible for expungement under certain circumstances);
- Misdemeanor and felony convictions for violent offenses such as homicide, assault, kidnapping, rape, and robbery; and
- Misdemeanor and felony convictions for sexual offenses.
*Note- the law relating to sealing records continues to change over time. It is extremely important to contact an experienced expungement and DUI attorney to assess your situation at any given time.
Expungement Are Not Automatic
Having your criminal records sealed in Ohio requires meeting a list of criteria, waiting until the law says you can request expungement, submitting a formal application, paying an application fee, passing an application review conducted by the probation department, and going through a formal hearing before a judge. You have an undeniable right to consult and be represented by a criminal defense & traffic lawyer at every step of the process.
Waiting periods for expungements vary greatly. For instance, applications to seal records of dismissals can be filed immediately. Applications relating to felony 4, felony 5, or misdemeanor convictions require a one year waiting period. The waiting period for a felony 3 is three years.
Once a hearing is held, if the judge approves the application, written notification of the sealing should be sent to record keeping agencies so they are aware they should take the proper steps to seal your records from public view.
A Brief Note on OVI Arrests and Convictions
Getting in trouble for driving drunk or stoned in Ohio means you may stay in trouble for a long time. OVI conviction records cannot be expunged or sealed, so partnering with an experienced criminal defense attorney to try to have the charge reduced or dismissed will be your best option for keeping the incident from complicating job, credit, and housing choices for the rest of your life.
