Delaware County Ohio Expungement & Record Sealing Lawyer

People seeking to have criminal records sealed/expunged in Delaware County, Ohio need information. There is a lot of misinformation online, so this page provides accurate details about Ohio record sealing and expungement. That includes the rules for expungement/record sealing eligibility, the waiting period for filing an expungement/record sealing application, and the court process for expungement/record sealing.

Record sealing means the records are maintained in a way they are no longer available as public records. Record expungement means the records are not maintained at all: they are completely destroyed. By having case records sealed, a conviction will not be an eternal blemish on your public record.

Not all cases in the Delaware County courts can be sealed or expunged. The records of traffic offenses, for example, cannot be sealed/expunged. Other types of cases which are ineligible for sealing/expungement include felony offenses of violence, first-degree and second-degree felonies, sexually oriented offenses, and Domestic Violence. A list of convictions which cannot be expunged is located in section 2953.32 of the Ohio Revised Code.

The Delaware County Municipal Court has jurisdiction to hear misdemeanor offenses and also has limited jurisdiction for felony offenses. If you had a criminal misdemeanor case in the Delaware Municipal Court, you may want to file an application for record sealing and/or expungement. The application is filed in the Delaware Municipal Court.

The Delaware County Common Pleas Court has jurisdiction to hear felony offenses and sometimes hears misdemeanor cases as well. If you had a criminal case in the Delaware County Common Pleas Court, you may want to file an application for record sealing and/or expungement. The application is filed in the Delaware County Common Pleas Court

The Sunbury Mayor’s Court has jurisdiction to hear most misdemeanor offenses. A case held in the Sunbury Mayor’s Court will appear in a criminal record check. If you had a criminal case in the Sunbury Mayor’s Court, you may want to file an application for record sealing and/or expungement. The application is filed in the Sunbury Mayor’s Court.

There are waiting periods before a person can file for record sealing and expungement. The waiting periods depend on whether the case involved a conviction/bail forfeiture or a not guilty verdict/dismissal/no bill/pardon. The waiting periods also depend on the level of the offense and the nature of the offense. If there were two or more offenses resulting from the same act and one offense has a different waiting period than the other(s), the person must wait to file for sealing/expungement until eligible to have all the offense records sealed/expunged. The waiting periods for filing an application are listed in Ohio Revised Code section 2953.32 and Ohio Revised Code section 2953.33.

The process for sealing/expungement begins with filing an application requesting record sealing and/or expungement. After the application is filed, the court will schedule a hearing. The prosecution may then file an objection. At the hearing, the judge first determines whether the applicant is eligible. Second, the judge weighs the interests of the applicant in having the records sealed or expunged against the legitimate needs, if any, of the government to maintain those records. Third, the judge evaluates whether the rehabilitation of the applicant has been attained to the satisfaction of the court. The judge then decides whether the request for record sealing and/or expungement is granted.

Record sealing / expungement is granted or denied at the discretion of the judge. For that reason, you may want a lawyer to assist you with the process and advocate on your behalf. The lawyers at the Dominy Law Firm regularly assist clients with record sealing and expungement, and the geographic area served by our firm includes Delaware County. If you are interested in representation for record sealing/expungement in Delaware County, you can arrange a free phone consultation by submitting a CONTACT FORM or by calling the Dominy Law Firm at 614-717-1177