In Ohio, adult convictions cannot be expunged or completely erased from record. Instead of expunging Ohio laws allow a criminal record to be sealed. (Ohio Revised Code 2953.31-2953.62). http://codes.ohio.gov/orc/2953.32. When a record is sealed, the information (electronic and paper) is stored in a secure separate location. It still exists, but is available only by a limited poll of individuals.
There are different rules and processes for sealing the various kinds of convictions. To find out what kind of convictions you have; the most valuable source for verification is the clerk of court where the case was handled.
You can apply for record sealing without legal counsel, but it can be rejected if not properly filed. Most legal aid offices will assist you with the process and it is advised that you use them or legal counsel.
A guide to adult conviction sealing in Ohio can be found on the Ohio Legal Help website by visiting https://ohiojpc.org/wp-content/uploads/2020/11/Record-Sealing-Resource_Updated-April-21-2021.pdf.
Application Instructions:
Contact the clerk of courts office for the court information which should include the case numbers of all your convictions and all your non-convictions per application. Under the Revised Code, an applicant may request to have the records of more than one case in a single application. The information should include the degree of each of your offenses, the date of conviction or non-conviction, and the date you completed your sentences if applicable.
Obtain from the clerk of courts the sealing application form(s). Sealing Form
Complete the form(s) and make copies as indicated on the form(s).
File the form in the county where the case originated. Sealing filing fee for Trumbull County Court Central Division is $50.00 (non-refundable) for convictions & no filing fee for non-convictions per application. Under the Revised Code, an applicant may request to have the records of more than one case in a single application. This fee is payable upon filing motion and is due regardless if you qualify or not. If you cannot afford the fee, you have the right to have the fee waived. Ask for a poverty affidavit form to file to have the fee waived. The Judge will accept or reject either of the forms filed. The clerk of courts will schedule a hearing date and notify all parties involved.
The prosecutor may file an objection that would block the sealing of your records. The objection will include the specific reasons before the hearing. Between your filing and the date of hearing, the Probation Department will verify that you are eligible; that may include that they run a national criminal background check.
Go to the hearing. If you don’t show up, your application for record sealing will most likely be denied. The Judge will review the strict eligibility rules and decide whether or not that your records be sealed at the hearing. In some cases he may decide after the hearing, and you will be notified by mail.
It usually takes at least six weeks for the notices to be sent to the police and other agencies to seal all records pertaining to your case. Listed below are the agencies where
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The law enforcement official in charge of the agency of organization which caused the Defendant's arrest;
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The prosecuting Attorney of Trumbull County, Ohio;
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The Bureau of Criminal Investigation in the office of the Attorney General of the State of Ohio;
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The Regional Computer Center (RCC);
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9-1-1 Call Center;
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Trumbull County Sheriff's Department; and
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Arresting Agency.
Once sealed, you can legally answer questions about convictions on job applications, housing applications, and etc. that you have not been convicted of the sealed convictions.
Exception: State law permits several types of employers, such as police agencies, child care providers, schools, and nursing homes to see your sealed record if you apply for a job with them.