Exploring the Differences Between Sealing Records and Expungement in Ohio

 

Sealing records and expungement are legal processes that aim to give individuals a second chance by limiting public access to their criminal records. While they share the overarching goal of providing a fresh start, there are nuanced differences between the two processes, particularly in the state of Ohio.

 

Sealing Records

Definition

• • Sealing records involves restricting access to certain criminal records, making them unavailable to the public, including potential employers and landlords.

Eligibility

• • In Ohio, eligibility for record sealing depends on the type of offense and the individual’s criminal history.
  • Generally, certain non-violent offenses and misdemeanors are eligible for sealing.

Waiting Period

• • There is typically a waiting period before one can apply for record sealing, which varies depending on the nature of the offense.

Limited Access

• • Even though records are sealed, some entities, such as law enforcement and certain government agencies, may still have access to the sealed information.

Expungement

 

Definition

• • Expungement goes a step further than sealing by not only restricting public access but also legally destroying or erasing the criminal record.

Eligibility

• • Similar to record sealing, eligibility for expungement in Ohio depends on the type of offense and the individual’s criminal history.
  • Non-violent offenses and misdemeanors are generally more likely to be eligible.

Waiting Period

• • There is a waiting period before one can apply for expungement, which varies based on the type of offense.

Complete Erasure

• • Once a criminal record is expunged, it is essentially erased, and the individual can legally state that they have not been convicted of the expunged offense.

Key Differences

 

Access to Records

• • Sealing limits public access but does not completely erase the record, allowing certain entities to still view it.
  • Expungement not only limits public access but also legally eradicates the record.

Nature of Offenses

• • Both processes typically apply to non-violent offenses, but the eligibility criteria may vary.

Effect on Employment

• • Both sealed and expunged records can improve employment prospects by allowing individuals to honestly state that they have not been convicted of the sealed or expunged offense.

Government Agencies Access

• • Sealed records may still be accessible to some government agencies, while expunged records are generally more thoroughly erased.

Understanding the distinctions between sealing records and expungement in Ohio is crucial for individuals seeking to move beyond their past mistakes. Both processes provide an opportunity for a fresh start, and consulting with legal professionals can help determine the best course of action based on individual circumstances.

Whether pursuing sealing or expungement, the goal is to empower individuals to reintegrate into society without the burden of a criminal record.