If you are convicted of a crime in Ohio, it will go on your criminal record. In fact, even if you are only charged with a crime but never convicted, it can become an addition to your criminal record, which can feel unjust. The question that everyone who was either implicated or convicted in a criminal case eventually has is: “How long will my criminal record last?”
Criminal records are more or less indefinite. However, indefinite is not the same as permanent and unchangeable. By using certain legal tools and processes, you can attempt to have marks on your criminal record sealed or expunged. In this way, the duration of your criminal record and the crimes on it depends on the specifics of each case and what tools you can use to try to clean it.
Sealing & Expungement
The two primary ways to clean a criminal record are:
- Record sealing: When a criminal record – or part of one – is sealed, it is largely inaccessible to the public and interested third parties. Law enforcement agencies and certain branches of the federal government still have full access to it, but to the average person, sealed information will be unavailable. Typically, a sealed record is visible in certain searches, but the information is left unavailable, meaning that an interested party might know that a criminal record was sealed but not know what that record involved.
- Expungement: When a criminal record is expunged, it is removed or dismissed from the public record entirely. In this way, expungement makes criminal records vanish from the view of essentially all nongovernmental parties, and even government officials will have a difficult time viewing what was expunged. For example, an expunged conviction won’t show up in background checks used by employers, banks, property managers, etc.
When Can You Seal or Expunge Your Criminal Record?
In Ohio, to be eligible to seal or expunge a conviction, you must meet these requirements:
- No pending criminal cases or warrants against you
- No open traffic violations
- Not on probation or community control
- All fines and restitutions must be paid
Additionally, a waiting period between completing your sentencing requirements and filing for record sealing or expungement must pass. For most minor misdemeanors, the waiting period is 6 months; for most misdemeanors, the waiting period is 12 months.
Felonies have a much longer waiting period and limitations. To seal a fourth- or fifth-degree felony, you must wait 12 months; to seal a third-degree felony, you must wait 36 months if it is the only one on your criminal record. To expunge felonies of these degrees, you must wait 120 months (10 years) after the record is successfully sealed. Lastly, second- or first-degree felonies are typically ineligible for sealing and expungement.
Also, miscellaneous charges that cannot be sealed or expunged in Ohio include:
- Traffic offenses
- Domestic violence convictions
- Violations of protection orders
- Crimes against children under age 13
- Sex crimes that required the convicted person to register as a sex offender
Sealing Your Record As Soon As Possible
With everything said about record sealing and expungement, the soonest that you could seal your criminal record could be about 6 months after conviction if it involved a minor misdemeanor. Technically, it would likely be closer to about 9 months because you have to file with the court to request that your record be sealed. The court will schedule a hearing to go over the application, and it can take roughly 90 days for such a hearing to be granted because it isn’t considered a priority by the court.
If you have any questions about how to seal or expunge your criminal record in Ohio, start by coming to Patituce & Associates. Our criminal defense attorneys are here to help you defend your rights if you are facing criminal charges, and we can help you regain control of your life if you have already been convicted. Contact our attorneys online or dial (440) 771-1175 to learn more about your legal options.
