FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS:
EXPUNGEMENT

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EXPUNGING AN
ADULT CONVICTION

SEALING OF ADULT RECORD AFTER
NOT GUILTY VERDICT OR DISMISSAL

SEALING OR EXPUNGING A
JUVENILE CONVICTION

FEDERAL EXPUNGEMENT

EXPUNGING AN ADULT CONVICTION

Ohio Revised Code Sections 2953.32
See also sections 2953.31 and sections 2953.33-2953.36

Ohio Legal Services Brochure on Expungement

For a brief discussion about expungement see Center for Student Legal Services at Ohio University

Cleveland Heights Municipal Court Instructions for Sealing a Criminal Record (Expungement) with forms

Expungement for County cases, call (216) 443-7223

ADULTS: SEALING OF RECORD AFTER NOT GUILTY FINDING OR DISMISSAL

Ohio Revised Code Sections 2953.32
See also sections 2953.31 and sections 2953.33-2953.36

Ohio Legal Services Brochure

JUVENILES: SEALING OR EXPUNGING A RECORD

New Procedure for Expungement and Sealing of Records, Effective 10-9-06

HB 137, effective October 9, 2006, revises the procedure in Ohio for sealing (restricting access to) and expunging (destroying) juvenile records. The Act repeals Ohio Revised Code Section 2151.358 and replaces it with 2151.355-358. Records are divided into three types: (1) records which must be sealed immediately, such as when a juvenile is found not delinquent; (2) records the court can consider sealing; and (3) records ineligible to be sealed. All records must be expunged (destroyed) after 5 years or when the juvenile reaches age 23. The juvenile can apply for earlier expungement. A good summary can be found at: Ohio Judicial Conference Enactment News: HB 137
Ohio Revised Code Sections:
- 2151.355 Sealing of juvenile court records - definitions.
- 2151.356 Sealing of juvenile court records.
- 2151.357 Response respecting sealed records - index - limited inspection.
- 2151.358 Expungement of sealed records.
- Juvenile Court Rule 34(J) : Advisement of rights after hearing.
Cuyahoga County Juvenile Court: forms for sealing and expunging records

FEDERAL EXPUNGEMENT

Northern District of Ohio Federal Public Defenders: There is no mechanism for federal expungement, unless the conviction was illegal, the statute is later deemed unconstitutional or the conviction was obtained by government misconduct.

For information on presidential pardons, go to: Office of the Pardon Attorney, U.S. Department of Justice.

18 USC 3607 provides for expungement of a drug possession offense for persons under 21, who are found guilty and sentenced to probation but not convicted. The offender must have no prior drug offenses and meet other requirements under the section.

To permit expungement for nonviolent federal offenders, H.R. 1529, 111th Congress

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Created on: June 4, 1999 -