What are Expungement and Record Sealing in Ohio?

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What are expungement and record sealing in Ohio? I'm Shawn Dominy, I'm a criminal defense lawyer in Ohio, and this video is going to answer that question.

Until a recent change in the law, the terms expungement and record sealing were used essentially interchangeably. But since that change, there is a distinction between the two. Record sealing is removal of the case from the public records. Record expungement is actually destruction of the records so that they are permanently irretrievable.

If you are considering expungement and/or record sealing, then what you should know is there is a certain process which must be followed. First, you have to be eligible. Not every offense in Ohio is eligible for expungement and record sealing. There's a statute with exceptions to eligibility. So first you need to make sure you're eligible. Second, you need to file a motion. It doesn't happen automatically. You have to actually file a motion asking the court to seal or expunge your records. And then third, the judge holds a hearing. Now, again, it's not automatic. It's totally at the discretion of the judge.

Basically, the judge is going to make two determinations. Number one, are you eligible to have the records sealed or expunged? And number two, should the records be sealed or expunged? And to answer that second question, the judge has to decide, does your interest in having the records sealed or expunged outweigh the government's interest in maintaining the records?

So as you can see, there is a process which must be followed and it's not automatic, so it may be beneficial to have a lawyer represent you. It's something you can do yourself, but a lot of clients choose to have lawyers represent them for expungement and record sealing, and our firm has done a lot of that type of work. So if you would like to discuss representation for your case, there are a couple ways you can reach us. You can call the number on the screen, or you can submit a contact form on our website. Either way, we hope this video has been helpful. And if you're interested in representation, we look forward to talking with you.

For more information on Ohio criminal law issues, see the videos on the Dominy Law Firm YouTube channel and the written information on the Dominy Law Firm website (https://www.dominylaw.com/).

Dominy Law Firm
7716 Rivers Edge Dr., Suite B
Columbus, OH 43235
614-717-1177