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What is the Difference Between Sealing a Record and Expunging a Record?
Prior to April 6, 2023, the words sealing and expungement were often used interchangeably. The new law now spells out a difference between the two. Sealing a record is a way to hide it from the public eye i.e. court online records and basic background checks. Expunging a record means to destroy, delete and erase a record’s “physical or electronic form or characteristic so that the record is permanently irretrievable.” R.C. 2953.31(B)(2)(b).
Should I Request to Have My Record(s) Sealed or Expunged?
Given that this law is so new, we do not yet know what the functional difference is between a sealing of record and an expungement. Based on the way the law is written, it appears that expungement offers more protection than sealing. If you think about it like a letter in an envelope, sealing is like taping the envelope closed only to be removable by certain government agencies and employers. An expungement, on the other hand, would be like tossing it in the shredder.
What Cannot be Sealed or Expunged?
In section 2953.32 of the Ohio Revised Code (R.C.), lawmakers have listed certain convictions that cannot be sealed or expunged. So, what cannot be sealed or expunged?
- Motor vehicle violations R.C. 4506
- Driver’s License Law Violations R.C. 4507
- Driver’s License Suspension Violation R.C. 4510
- Traffic Violations R.C. 4511
- Motor Vehicle Crimes 4549
- Felony Offense of Violence Not a Sexually Oriented Offense
- Sexually Oriented Offense When Offender Subject to R.C. 2950
- Any Offense Where the Victim Was Less Than 13 (except for child support)
- Felonies of the First and Second Degree
- Domestic Violence (2919.25) and Violations of Protection Orders (2919.27)
How Long Must I Wait Before I Can Request a Record Be Sealed and/or Expunged?
The waiting period depends on the result of the case i.e. convictions, bail forfeitures, dismissals. Because sealing a record and expungement are now treated differently, the waiting period to be eligible may also be different.
Waiting Period For Sealing
|
Offense Type |
Convictions |
Bail Forfeiture |
Dismissal |
|
2921.43 |
7 years |
No waiting |
No waiting |
|
Subject to 2950 |
5 years |
N/A |
No waiting |
|
One or Two F3s |
3 years |
N/A |
No Waiting |
|
F4, F5, or Misdemeanor |
1 year |
N/A |
No waiting |
|
Minor Misdemeanor |
6 months |
No Waiting |
No Waiting |
Waiting Period For Expungement
|
Offense Type |
Convictions |
Bail Forfeiture |
Dismissal |
|
Felony |
10 years from the seal eligible date |
3 years |
No waiting |
|
Misdemeanor |
1 year |
3 years |
No waiting |
|
Minor Misdemeanor |
6 months |
3 years |
No waiting |
Can Multiple Cases Be Sealed or Expunged?
So long as the offenses are eligible to be sealed and/or expunged, you can request for multiple cases/charges to be sealed at the same time.
What About Multiple Charges Within the Same Case?
The short answer is yes, multiple charges within the same case (as a result of or in connection with the same act) may be sealed and/or expunged. There are a couple of additional rules that relate to cases with multiple charges.
One such rule involves the waiting period. When at least one of the charges has a different result than other charges within the same case, a person must wait until all of the charges are able to be sealed and/or expunged.
The second rule allows for a conviction under 4507, 4510, 4511 (not 4511.19 OVI or 4511.194 physical control), or 4549 to be sealed and/or expunged, after the appropriate waiting period, so long as that is the only conviction that results from that case. This may not seem like a big deal initially, but this is huge! It allows for an entire case to be sealed and/or expunged even if the conviction is otherwise prohibited for being a violation under R.C. 4507, 4510, 4511 (not 4511.19 or 4511.194), or 4549.
How do I Get Started?
Determining if a record can be sealed and/or expunged and the associated waiting period is the first step. Why pay a lawyer or waste your time requesting a sealing and/or expungement if it cannot be done according to the law? Call a Columbus Ohio expungement lawyer with The Maher Law Firm at 614-205-2208. Attorney Colin Maher will be able to determine if the record is capable of being sealed and/or expunged, the appropriate waiting period, and the fee associated if you choose to secure his legal services. Call him today to discuss your sealing and/or expunging your records in and around Columbus Ohio.
