Licking County Ohio Expungement & Record Sealing Lawyer

If you were charged with a crime in Licking County, Ohio, you may want to have the case records sealed/expunged. If so, you may be asking questions, such as: What is criminal record sealing and expungement? Should I have my records sealed/expunged? Are the records for my case eligible for sealing/expungement? Should I hire a lawyer to represent me? Those questions are answered below. If you choose to hire a lawyer to represent you for sealing/expungement of criminal records in Licking County, the Dominy Law Firm can help.

In Ohio, there is a difference between record sealing and expungement. When the records for a criminal case sealed, the records are no longer available to the public (but are available to the government for limited reasons). When the records of a criminal case are expunged, the records are deleted/erased/destroyed, so the records are not available to anyone.

If you would like to have your criminal record not appear on a check of public records, you should have the records sealed/expunged. When a background check is completed, the check typically includes court records, including records of criminal cases. Some people choose to have records sealed/expunged simply due to the stigma of a criminal record. Other people choose to have records sealed/expunged because criminal records have an impact on things such as employment, professional licensure, loans, housing, and opportunities to volunteer.

Sealing/expungement is possible for most, but not all, criminal cases in Licking County. The convictions for which sealing/expungement is not possible include traffic offenses, first-degree and second-degree felonies, Domestic Violence, and felony offenses of violence. Convictions which are not eligible for record sealing/expungement are found in Ohio Revised Code section 2953.32.

The Licking County Municipal Court hears mostly misdemeanor cases and also hears felony cases on a limited basis. If your case was held in the Licking Municipal Court, the record sealing and/or expungement process is held in that court. The process is initiated by filing an application for sealing/expungement with the Clerk of Court office.

The Licking County Common Pleas Court hears mostly felony cases and sometimes hears misdemeanor cases as well. If your case was held in the Licking County Common Pleas Court, the record sealing and/or expungement process is held in that court. The process is initiated by filing an application with the Clerk of Court office.

In Ohio, an application for record sealing/expungement is not automatically granted. Record sealing is considered a privilege, not a right. Instead of routinely granting an application, a judge instead holds a hearing to decide whether to grant or deny the application.

At the hearing, the judge first determines whether the case is eligible for sealing. The judge may then hear objections from the prosecution and any victim(s). The judge also examines the applicant’s rehabilitation and weighs the applicant’s interests in favor of sealing/expungement and the government’s interests against sealing/expungement. Judges have complete discretion to grant or deny an application for sealing/expungement.

Because judges have the discretion to grant or deny an application for record sealing/expungement, you may want a lawyer to represent you for the process. A lawyer will investigate the facts, research the law, and advocate for you at the hearing.

The lawyers at the Dominy Law Firm are experienced in sealing/expungement cases. Our firm practices throughout central Ohio and represents clients in Licking County. To discuss representation for your case, you can submit a CONTACT FORM or call 614-717-1177 to schedule a free phone consultation.