Criminal Record Sealing
If you have been charged with or convicted of a criminal offense in Dayton and you are prevented from pursuing certain occupations, careers or educational opportunities, you may want to seal your criminal record.
Although the terms "sealing" and "expungement" are often interchanged, Ohio no longer provides for expunction of a criminal record. The only option in Ohio is to seal a criminal record. Sealing a criminal record hides the record from the public, including potential employers and educational institutions. However, certain law enforcement agencies may still be able to access your record.
Since everyone is not eligible to have their criminal record sealed in Ohio, it is important to consult with an experienced criminal defense attorney in Dayton who can help you identify if you are eligible to seal your criminal record and to guide you through the process.
Dayton Criminal Record Sealing Lawyer
Contact the Joslyn Law Firm for a consultation today about sealing your criminal record throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is knowledgeable in all areas of Ohio's judicial system and criminal record sealing laws. Call (614) 444-1900 if you want to find out your options regarding sealing your record throughout Dayton, Ohio.
Dayton Seal or Expunge Information Center
- Dayton Criminal Record Sealing Eligibility
- Sealing a Criminal Record in Dayton
- Why Seal Your Dayton Criminal Record
- Dayton Criminal Record Sealing Process
- Criminal Record Sealing Resources in Dayton
An individual may be eligible to seal their criminal record in Ohio if they meet the following requirements under Ohio Rev. Code § 2953.32:
- They are a first time criminal offender, or an individual who has not previously been convicted of the same or a different offense in Ohio or any other state;
- An individual who is a felony offender may have their criminal record sealed three years after all terms to their sentence are complete;
- An individual who is a misdemeanor offender may have their criminal record sealed one year after all terms to their sentence are complete;
- An individual who was charged for a criminal offense but not found guilty of the offense or convicted may file an application to have the charges acquitted and all criminal records associated with the case sealed at any time after the case is dismissed;
- An individual who is arrested for a misdemeanor offense and who has effected a bail forfeiture may have their record sealed one year after the bail forfeiture was entered; and
- If the individual has no other criminal proceedings pending against them.
According to section 2953.36, an individual is not eligible to seal their criminal record if they were convicted of any of the offenses listed below:
- Convictions for a misdemeanor of the first degree or felony when victim was under 18,
- Displaying Matter Harmful to Juveniles,
- Disseminating Harmful Material to Juveniles,
- First or Second Degree Felony Convictions,
- Gross Sexual Imposition,
- Illegal Use of a Minor in Nudity-Oriented Material,
- Inciting to Violence,
- Inducing Panic,
- Offenses that require a mandatory prison term,
- Pandering Obscenity Involving a Minor,
- Pandering Obscenity when Victim Under 18,
- Pandering Sexually Oriented Matter Involving a Minor,
- Procuring when Victim Under 18,
- Promoting Prostitution when Victim Under 18,
- Public Indecency when Victim Under 18,
- Sexual Battery,
- Sexual Imposition,
- Unlawful Sexual Conduct with a Minor,
- Violent Offenses that were misdemeanors of the first degree or felonies, and
- Voyeurism when Victim Under 18.
Even if any of the preceding offenses do not apply to your case, it is important to first speak to an experienced criminal defense attorney to determine if your criminal record is eligible to be sealed.
An individual who is eligible to seal their criminal record is required to follow certain requirements and steps when sealing their record, according to section 2953.32 of the Ohio Revised Code.
First, anyone who wants to seal their criminal record must file an application with the court and submit a $50 filing fee.
Once the application has been filed with the court, a date will be set for a hearing to determine whether the seal the criminal conviction. The prosecutor will be notified of the hearing date, and will be given an opportunity to object to the granting of the application prior to the hearing date. The prosecutor must give specific reasons as to why the application should be denied if they object to the granting of the application.
The court will then determine at the hearing:
- Whether the applicant is a first offender,
- Whether any criminal proceedings are currently pending against the individual,
- Whether the applicant has been rehabilitated to the court's satisfaction,
- Weigh on the prosecutor's objections, if any;
- Whether the individual's interests in having the record sealed outweigh any legitimate needs the government has to keep the records.
If the court determines the individual's record should be sealed, the court will order that all records pertaining to the case should be sealed.
When an individual seals their criminal record in Dayton, they are given the opportunity to start over for a mistake they made in the past.
Some of the benefits to sealing a criminal record can include:
- They no longer have to disclose the criminal record when applying for employment;
- They no longer have to disclose the criminal record when applying for educational programs;
- The record will restore the individual's rights and privileges that were not reinstated after they were released from parole or when their sentence was completed; and
- The record is no longer available to the public once it's sealed.
However, under section 2953.32 of the Ohio Revised Code, an individual who has sealed their criminal record may be required to disclose that the record has been sealed in the following situations:
- For specific and limited purposes when requested by law enforcement agencies and the bureau of criminal identification and investigation;
- When a defendant in any subsequent criminal proceedings;
- When requested by anyone involved in adjudication of the criminal proceedings; and
- When the individual is applying for jobs or employment with any state law enforcement agencies.
Chapter 2953 of the Ohio Revised Code defines the procedural requirements and various elements to sealing a criminal record in Dayton.
Section 2953.34 of the Ohio Revised Code states that when a court orders a criminal record be sealed, any rights and privileges of the individual are to be restored that were not previously restored upon the completion of their sentence or release from parole.
This section also states that anyone who has their record sealed and applies for employment, admittance into certain educational programs, any professional license, or any other rights and privileges can only be questioned regarding a conviction that has not been sealed. However, an individual with a sealed record can be questioned about the sealed conviction if they are applying for a position that has a direct relationship with the conviction.
It is also important for an individual to know that under section 2953.34 of the Ohio Revised Code, once the individual has sealed their record, they are still able to appeal the criminal conviction or seek any other relief from the conviction, if they desire to.
Additionally, section 2953.35 of the Ohio Revised Code states that any officer or employee of the state of Ohio who reveals confidential information that has been sealed for any purpose may be subject to criminal sanctions.
Ohio Revised Code - Criminal Record Sealing – This link is to Chapter 2953 of the Ohio Revised Code, which provides the Ohio laws regarding criminal record sealing and other post-conviction remedies, in addition to the eligibility requirements for sealing a criminal record.
Montgomery County Clerk of Courts – The Montgomery County Clerk of Courts provides information on sealing a criminal record in Montgomery County, miscellaneous court information, and access to your criminal records. The court of common pleas is located at:Montgomery County Common Pleas Court
41 North Perry Street
Dayton, Ohio 45402
Phone: (937) 225-6000
Ohio Department of Rehabilitation and Correction - This state governmental department supervises criminal offenders and seeks to instill in convicted offenders an improved sense of responsibility and the ability to become a productive member of society.
Joslyn Law Firm | Dayton Criminal Record Expungement Attorney
If you have a criminal record you want to seal throughout the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is an experienced criminal defense lawyer in Dayton who will make every to have your record sealed and hidden from the public's view. Contact the Joslyn Law Firm at (614) 444-1900 today for a free consultation about sealing your criminal record in Dayton.