Record Sealing & Expungement: What it is &�What it is not.

• jhinkel@communitylegalaid.org
• (330) 983-2581

Josh Hinkel

Staff Attorney

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Ohio’s Legal Aids

Every County in Ohio is covered by a Legal Aid

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1. Legal Aid of Western Ohio &�Advocates for Basic Legal Equality

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• The Legal Aid Society of Cleveland�
• Community Legal Aid�
• The Legal Aid Society of Columbus�
• Southeastern Ohio Legal Services�
• The Legal Aid Society of Greater Cincinnati &�The Legal Aid Society of Southwest Ohio

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https://www.ohiolegalhelp.org/find-your-legal-aid

Community Legal Aid

• We provide services to individuals who are at or below 200% of the federal poverty level who reside in our service area

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How Individuals Can Apply

• Online at www.communitylegalaid.org/apply

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• By calling our Helpline at (800) 998-9454

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• The Helpline is open:
• Mon/Wed from 9:00 a.m. to 12:00 p.m; and
• Tue/Thu from 1:00 p.m. to 4:00 p.m.

Areas of Practice and Projects

• Consumer 

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• Assisting Reentering Citizens Project

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• Legal Assistance to Victims Project

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• Tenant Assistance Project

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• Foreclosures

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• Immigration

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• Parenting

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• Public Benefits

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• Tax

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• Volunteer Legal Services Project (VLSP)

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• Neighborhood Law Project

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Case Acceptance

• Each project or area has its own case acceptance

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• Full representation or counsel and advice

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• Common issues Applying
• Can’t get through

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• Applied 10 times

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• They sent me to a class

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Criminal Records in Ohio

• What percent of adults in Ohio have a criminal record� (whether misdemeanor or felony)?�

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• 7%�
• 33%

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• 17%

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• 43%

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• https://www.supremecourt.ohio.gov/sites/specDockets/EducationSeries/2021/September/091621.pdf

Criminal Records in Ohio

• What percent of adults in Ohio have a felony on their criminal record?

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• 9%�
• 16.5%

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• 23%

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• 33%

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• https://www.supremecourt.ohio.gov/sites/specDockets/EducationSeries/2021/September/091621.pdf

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Criminal Records in Ohio

• Presence of a criminal record reduces the likelihood of a callback for a job by?�

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• 90%�
• 75%

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• 63%

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• 50%

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• https://www.supremecourt.ohio.gov/sites/specDockets/EducationSeries/2021/September/091621.pdf

Ways to Address Your Record

• Record Sealing & Expungement

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• Certificates for Qualification for Employment

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• Governor’s Expedited Pardon

Record Sealing & Expungement

Record Sealing v Expungement

Record Sealing

Records are hidden�

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Expungement

Records are destroyed�

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What can you Seal or Expunge?

• You can seal
• Convictions
• Dismissals
• Findings of Not Guilty
• No Bills

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• You can expunge
• Convictions
• Some Dismissals
• Some Findings of Not Guilty
• Some No Bills

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Sealing or Expunging Convictions

Requirements for Record Sealing or Expungement for Convictions

• No pending criminal cases;

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• The offense must be an eligible offense;�
• The case is discharged for sealing/expungement purposes; and

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• Required wait time passed

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What is not an Eligible Offense

• Felonies of the 1^st or 2^nd Degree�
• Felonies of the 3^rd Degree if you have more than 2 cases with a Felony of the 3^rd Degree

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• Offenses where the victim is under 13

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• Convictions for violating a protection order

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• Convictions for domestic violence

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• Sex Offenses with reporting requirements

What is not an Eligible Offense

• Felony convictions for:

What is an Eligible Offense

• That means if you have a Minor Misdemeanor through Misdemeanor 1 and its not:

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• A conviction where the victim was under 13;

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• A conviction for violating a protection order;

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• A conviction for domestic violence; or

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• A sex offense with reporting requirements

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• Then its likely your offense is eligible for sealing or expungement

What is an Eligible Offense

• If you have a Felony 3, 4, or 5 and its not:

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• An offense of violence;

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• A conviction with a victim under 13; and

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• It is not a sex offenses with reporting requirements

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• Then its likely your offense is eligible for sealing or expungement

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• As a reminder, you can’t have more than two cases with F3 convictions

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What is a Discharged Case

• All Probation Requirements Completed

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• All Community Service Completed

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• All Fines Paid Off*

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*By law, any payments on a case go to court costs first, then to any fines

How to Address Costs & Fines

• If you have outstanding court costs or fines and can’t afford to pay it off, you can:

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• Request the court to convert the debt to community service;

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• Request a payment plan; or

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• Request a partial or total waiver of the debt

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What is the Required Wait Period?

• Record Sealing and Expungement have different wait�periods from final discharge

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• Record Sealing�
• Minor Misdemeanors: 6 Months�
• Misdemeanor 1-4: 1 Year�
• Felony 4 or 5: 1 Year�
• Felony 3: 3 Years

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• Expungement�
• Minor Misdemeanors: 6 Months�
• Misdemeanor 1-4: 1 Year�
• Felony 4 or 5: 11 Years�
• Felony 3: 13 Years

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What is the Required Wait Period?

• Jane Doe was convicted of theft, a misdemeanor of the 1^st degree, in 2014. She paid off her fine in September 2023. Can she file to expunge or seal her record today?

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Yes

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No

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• Unfortunately, Jane must wait 6 more months as it hasn’t been a year since she paid off her fine

What is the Required Wait Period?

• John Doe was convicted of possession of open container prohibited, a minor misdemeanor, in September 2023. There were no fines or restitution ordered. Can he file to expunge or seal his record today?

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Yes

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No

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• Yes, you only have to wait 6 months before requesting the sealing or expungement of a minor misdemeanor

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The Record Sealing / Expungement Process

• Application�
• Probation Interview�
• Hearing

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How to Apply for Sealing/Expungement

• You need to file an application in the court where the conviction happened

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• There may be a court specific form

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• Community Legal Aid has a general application form on our website

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How to Apply for Sealing/Expungement

• You will fill out the application with your case information

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• Then go to the court where the case happened and file the application with the criminal clerk

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• Make sure to bring copies with you

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How to Apply for Sealing/Expungement

• The filing fee is capped at $50 which covers all the cases at the time you file

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• There may be local court fees as well

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• You can file a poverty affidavit to request the court to waive the filing fee and local court fees

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Probation Interview

• Most courts require you to complete a probation interview

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• Some courts have you complete a probation interview form when you file other courts will conduct an interview over the phone

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• Mostly checking to see what you are doing, how you are different, and what you are hoping to do

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Hearing

• Courts are required to set a hearing within 90 days of filing the application

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• Prosecutors can object but have to object in writing at least 30 days before the hearing

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• At the hearing, judges mostly want to talk about why you want the record sealed or expunged, how you are different, what you are hoping to do, and how sealing or expungement would benefit you

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After the Hearing: Granted

• If the judge grants the request, the court will issue an order sealing or expunging the record

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• This order will be passed on to state background checks

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• You should keep the order as sometimes private background check companies may disclose the sealed/expunged record and you can use the order to show it is gone

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After the Hearing: Denied

• You need to see why the judge denied the request to seal or expunge the record

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• You can appeal the judge’s decision

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• If the court found you were not rehabilitated, it is likely an appeals court will rule in favor of the court. If this happens, take steps to further your rehabilitation and try again at a later date

True or False

• There is a cap to the number of cases I can have sealed or expunged.�
• False. You can have an unlimited number of eligible cases sealed or expunged

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• Everyone can still see a sealed record.�
• False. Some employers can see it. Generally, the government can always see these records.

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• I seal or expunge part of a case.�
• False. The entire case must be eligible to seal or expunge.

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• If expunged or sealed, it never happened.�
• True and false. The conviction is treated as if it never happened. You can still face consequences from it legally though. Example: The conviction can be used to enhance a later conviction

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Sealing or Expunging Not Guilty Findings, Dismissals, and No Bills

Why Seal or Expunge a Not Guilty Finding, Dismissal, or No Bill

• These still appear on your record

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• Some employers still look at dismissals or not guilty findings negatively

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• Its relatively easy to get off your record

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Sealing a Not Guilty Findings, Dismissals, and No Bills

• Different statute with different requirements than to seal or expunge conviction

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• All not guilty findings, dismissals, and no bills can be sealed

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• Even if the charge would not be an eligible offense if it was a conviction, since it is a not guilty finding, dismissal, or no bill, it can be sealed

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Expunging a Not Guilty Findings, Dismissals, and No Bill

• Expunging a Not Guilty Finding, Dismissal, or No Bill has some restrictions

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• You cannot expunge a not guilty finding, dismissal, or no bill if:
• Felony Offense of Violence
• Sexually Oriented Offense
• Involved an alleged victim under 13 years of age
• A felony of the 1^st or 2^nd Degree

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Sealing or Expunging a Not Guilty Findings and Dismissals

• The entire case must have the same outcome

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• If a person is found guilty on 1 charge but the others are dismissed, then they must use the statute for convictions for the entire case

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Sealing or Expunging a Not Guilty Findings and Dismissals

• John Doe was charged with felony assault, a felony of the 3^rd degree. The charges were ultimately dismissed. John wants to expunge this dismissal. Can John expunge this dismissal?

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Yes

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No

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• You cannot expunge a dismissed felony level offense of violence. You can seal it

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Sealing or Expunging Not Guilty Findings and Dismissals

• You can request the sealing or expungement of the case at any point after the court enters the order dismissing the case or the order finding you not guilty

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• There is no requirement for the court to evaluate rehabilitation for dismissals or not guilty findings

Sealing or Expunging No Bills

• No bills occur when grand juries decide there is not enough evidence for the prosecutor to move forward

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• This creates a criminal case that can appear on background searches

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• To expunge or seal a no bill, you must wait 2 years from the date the grand jury issues the no bill

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• The reason you must wait 2 years is prosecutors have 2 years to bring a case before the statute of limitations prevent them from prosecuting you

Sealing or Expunging a Not Guilty Findings and Dismissals

• Jane Doe was charged with possession of cocaine, a felony of the 4^th degree. The grand jury issued a no bill in April 2022. Can Jane request the sealing or expungement of her no bill today?

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Yes

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No

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• Jane must wait until April 2024 to file. So far, she has only waited 1 year and 11 months

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What to do if you can’t seal or expunge your record

What to do if you can’t seal or expunge your record

• There are a few options to consider:

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• A Certificate of Qualification for employment

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• A Governor’s Pardon

Certificates for Qualification for Employment

What is a CQE

• A CQE is a certificate from the Common Pleas Court to help remove the consequences of having a criminal record

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• A CQE grants employers immunity from wrongful hiring or negligent hiring lawsuits if the employee is a certificate holder

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• A CQE can help remove barriers to obtain employment licensing

Who is a CQE For

• A CQE is for those who are not eligible for record sealing/expungement

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• A CQE is also for those seeking employment where their record could cause issues (medical field, childcare, etc)

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How do you get a CQE

• Apply online with the ODRC

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• Receive approval to file from ODRC

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• File with the Common Pleas Court where you live

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• The Common Pleas Court completes an investigation

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• Hearing

Apply online with the ODRC

• You will apply online at https://drccqe.com/

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• You will need to make an account with an email address you can receive emails at

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• Fill out the application
• Basic Information
• 4 Essay Questions
• 2 Non-Family References
• 2 Family References
• Employment History

Receive approval to file from ODRC

• The Ohio Dept. of Rehabilitations and Corrections will email you stating that your application is ready to file with the court.

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• You will then print out the application to file with the court

File with the Common Pleas Court

• Take the application to the Common Pleas Court where you live

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• You can file a poverty affidavit to request the filing fee to be waived

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• Make sure to take a copy to get stamped by the court for your records

Court Completes an Investigation

• The Court will then start an investigation into your background

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• There is no timeline for how long the court has to complete the investigation

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• Generally, if you stayed in the same region of Ohio all your life, it is quicker

Hearing

• The court may have a hearing where they ask you questions such as why you are seeking a CQE

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• Sometimes, the court will just grant the request at the completion of the investigation if the prosecutor doesn’t object

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• This means you could walk out to your mailbox 3-6 months after filing an find a CQE if your mailbox

How to use the CQE

• To use the CQE, you should make copies of it

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• Then when you apply for jobs attach a copy of the CQE to your job application

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• Then during any interview mention you are a CQE holder

Governor’s Pardon

Eligibility to get a Pardon

• The sentence in the case you are seeking a pardon for must have been completed over 10 years ago

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• No convictions for 10 years including DUI and OVI (minor traffic offenses are ok)

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• All fines, costs, and restitution addressed

Eligibility to get a Pardon

• Some history of volunteer work or community service that is not court ordered

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• An employment history after the conviction or a compelling reason why you were not employed

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• No disqualifying offenses

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Disqualifying Offenses

• Sex Crimes
• Rape
• Sexual Battery
• Unlawful Sexual Conduct with a Minor
• Gross Sexual Imposition
• Sexual Imposition, Pandering Obscenity Involving a Minor
• Pandering Sexually Oriented Matter Involving a Minor
• Illegal Use of a Minor in Nudity Oriented Material or Performance
• Felonious Sexual Penetration
• Importuning
• Compelling Prostitution
• Promoting Prostitution
• Disseminating Matter Harmful to Juveniles
• Displaying Matter Harmful to Juveniles
• Pandering Obscenity
• Deception to Obtain Matter Harmful to Juveniles
• Human Trafficking.

Disqualifying Offenses

• Homicide
• Aggravated Murder
• Murder
• Attempted Murder
• Voluntary Manslaughter
• Involuntary Manslaughter
• Reckless Homicide
• Negligent Homicide
• Aggravated Vehicular Homicide
• Vehicular Homicide.�
• Violent Crimes
• Kidnapping
• Abduction
• Felony Child Endangering
• Terrorism.
• Domestic Violence.

How to Apply

• Complete the intake packet at ohioexpeditedpardon.org/how-to-apply/

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• Mail the packet to the Expedited Pardon Project

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• The Expedited Pardon Project will review for eligibility and who is a good candidate

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• If you are eligible and a good candidate, you will be placed with a Law School Clinic or a Law firm to complete the Pardon Request

Questions