How do I get my case sealed/expunged?
A criminal record may be sealed or expunged so that it is not available to the public. The statutes relating to sealing of records are found in Ohio Revised Code sections 2953.31 and 2953.32. While it is believed the following information is accurate, you should consult an Ohio attorney to help you with the sealing process.
Who is eligible to have record(s) sealed?
Sealing of a criminal record is governed by R.C. 2953.31 et seq.
An “Eligible Offender” - Defined in Two Ways
1) An eligible offender is statutorily defined by R.C. 2953.31(A)(1)(a) as anyone who has been convicted of one or more offenses, but not more than five felonies:
a) In Ohio or any other jurisdiction; and
b) None of the felony convictions are greater than F4 or F5 or offenses of violence or felony sex offenses.
2) An eligible offender is defined statutorily by R.C. 2953.31(A)(1)(b) as anyone who has been convicted of an offense in this state or any other jurisdiction, to whom division (A)(1)(a) does not apply and who has:
1. One felony conviction; or
2. Two misdemeanor convictions; or
3. One felony conviction and one misdemeanor conviction.
R.C. 2953.31(A)(1)(b) further provides for merger of convictions for purposes of sealing the record if:
1. Two or more convictions result from or are connected with the same act or result from offenses committed at the same time; or,
2. Two or three convictions result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period, but do not result from the same act or from offenses committed at the same time, unless the court determines that it is not in the public interest for the two or three convictions to be counted as one conviction in accordance with R.C. 2953.32(C)(1)(a).
NOTE: R.C. 2953.36 lists convictions that would preclude an individual from being an eligible offender. Those exceptions should be reviewed before determining an individual’s eligibility for sealing. If a conviction of an offense is not sealable at the time of conviction, but the offense is later changed so that the penalty for the classification of the offense is changed, then the conviction is eligible for sealing.
Final Discharge
R.C. 2953.32 sets out the required time period for application after final discharge:
1. Five years for 3, 4, or 5 felony convictions;
2. Four years for 2 felony convictions;
3. Three years for 1 felony conviction;
4. One year for misdemeanor convictions.
If there are unpaid, but collectable fines or restitution, it is deemed that there is no final discharge. Correspondingly, if community service was ordered, but not completed, there is no final discharge. If there are unpaid court costs, that is not a bar to final discharge. A trial court may seal the record in a case dismissed pursuant to R.C. 2953.52, even if the statute of limitations has not expired. State v. Dye, 152 Ohio St.3d 11; 2017-Ohio-7823.
What records can be sealed?
A conviction, dismissal, not guilty verdict, nolle, no bill by a grand jury, or arrest record may be sealed.
When can I have my case(s) sealed?
Application may be made at the expiration of three years after an offender's final discharge if convicted of a felony, or at the expiration of one year after an offender's final discharge if convicted of a misdemeanor. Final disposition includes any time on probation or a community control sanction or parole. All court fines, costs, and restitution must be paid at least one year before you can file for sealing of your record for a misdemeanor offense (three years for a felony). In addition, you cannot have any pending cases.
Are all convictions eligible to be sealed?
Not all charges/offenses are eligible to be sealed. The following convictions are ineligible to be sealed:
•Convictions with a mandatory prison term;
•Sex offense convictions;
•Convictions of violent offenses that are felonies or first-degree misdemeanors, with the exception of simple assault;
•Convictions of felonies or first degree misdemeanors where the victim is under 18 years old;
•Convictions of first or second-degree felonies;
•DUI convictions; and
•Driving under OVI suspension convictions
There are other reasons your record(s) may not qualify. Please seek legal advice.
I can not afford an attorney. Will one be appointed for me?
An attorney is not automatically provided to you for an application to seal your record(s). However, you are encouraged to discuss your eligibility with an attorney. If you do not have an attorney, the Public Defender’s Office, located at Courthouse Square, 310 West Lakeside Ave., Fourth Floor, Cleveland, Ohio 44113, has staff members available to assist you in regard to your application to seal your record(s) on Thursday afternoons between 1:00 and 4:00 p.m. Please call 443-8355 or 443-2190 for additional information. You may also contact The Legal Aid Society of Cleveland, 1223 W. 6th Street, Cleveland, Ohio 44113, (216) 687-1900.
Additionally, you may find examples of a Motion to Seal Record at the law library at Cleveland State University, 1801 Euclid Ave., Cleveland, Ohio 44115 or Case Western Reserve University School of Law, 11075 East Boulevard, Cleveland, Ohio 44106.
What do I need to do before I see an attorney?
An attorney will need a copy of your record. Please obtain a record check from the Cleveland Police Department (third floor Police Headquarters at a cost of 5 cents per page) and from the County Sheriff's Department (third floor Justice Center at a cost of $6.00 cash/check/money order). Then, see a private attorney or public defender, or go to the law library for a sample expungement motion.
Do I have to pay to apply for sealing of my record(s)?
The Court filing fee for sealing of your record in Cleveland Municipal Court is $50.00. The filing fee may be waived with proof of indigency.
What determines whether my expungement application will be granted?
The granting of the sealing of your record(s) is within the sole discretion of the sentencing Court. To grant the request, the Court must find that you are an eligible offender and have been satisfactorily rehabilitated. You can expect the court to consider whether you (1) are working, (2) have assumed responsibility for your conduct, (3) have engaged in any substance abuse treatment programs, if applicable, (4) have enrolled in or completed any educational programs and (5) any additional evidence of leading a law-abiding life as a contributing member of society.