Expungement and Record Sealing 

Having a criminal record can cause many hardships. Background checks can make it difficult for people with a criminal history to apply for jobs, access credit, secure housing, obtain licenses, and further their education. Moving on from prior legal trouble can pose a serious challenge.

Effective April 4, 2023, the Ohio legislature passed key changes to the law as it relates to expungement and record sealing. Previously, the terms expungement and record sealing were essentially synonymous. Now, there is an important distinction. Both procedures remove criminal charges from the public record. However, an expungement completely destroys the information, whereas a record sealing just prevents it from being accessed. In certain rare circumstances, authorities can still be granted permission to unseal a criminal record. Comparatively, once a criminal record has been expunged, it is as if it never occurred. Unfortunately, the waiting period for expungements is much longer than record sealing for more serious offenses.

What is the Difference Between Expungement and Sealing?

Expunge means to destroy, delete, and erase a record, as appropriate for the record's physical or electronic form or characteristic, so that the record is permanently irretrievable.

Sealing means to remove a record from the main file of similar records and to secure it in a separate file, which prevents almost anyone from knowing about it and locating it.

Sealing and Expungement Statutes

Who is Eligible?

All offenders are eligible to file to seal or expunge their record, regardless of the extent of their criminal record. However, not all charges can be expunged or sealed.

What Charges Cannot Be Expunged or Sealed?

• First and second-degree felonies;
• More than two third-degree felonies;
• OVI and other traffic violations;
• Most sex crimes and offenses of violence;
• Most crimes involving a minor victim;
• Domestic Violence; and
• Violation of a protection order.

What If I Was Not Convicted?

Unfortunately, past criminal accusations can still have negative consequences even if you were not convicted. For example, potential employers can access docket information regarding prior charges regardless of whether it resulted in conviction. This can lead to wrongful assumptions and often costs valuable opportunities. You can still have your record sealed or expunged. If you were charged with a crime, it is important to contact Fogt Law Office.

Sealing or Expunging Your Record

To request for a criminal record to be sealed or expunged, an application must be filed in the court where you were charged or convicted or to a court of common pleas if convicted in another state or in a federal court, for the sealing or expungement of the record of the case that pertains to the conviction, except for certain convictions. After the application is filed, a hearing is scheduled and a legal argument must be presented as to why the record should no longer be public. It is important to hire an experienced attorney to assist you with the process because a judge will make a ruling based on the arguments presented. Attorney Christopher Fogt has an extensive and successful track record with regard to record sealing and expungement. Once a criminal record has been sealed or expunged, background checks and court records will no longer provide any information about the conviction.

After the process is complete, Fogt Law Office assists clients by contacting a multitude of private companies and organizations to demand that all information regarding the conviction be destroyed. This is vitally important because many websites continue to retain and display such information even after a record has been officially sealed. Most firms do not provide this service, which is essential to ensure that the public does not have access to the information.

What Happens at Hearing?

After an application is filed, a hearing is scheduled for a judge to make a ruling. When determining whether someone has been sufficiently rehabilitated, courts review criminal records and often consult with the probation department. Prosecutors have legal standing to object and can present arguments as to why the charges should remain public record. At the hearings, courts weigh the public's interest in having access to the information against an individual's need for the information to be made confidential. 

Can Juvenile Records Be Sealed or Expunged?

Yes, juvenile criminal records can be sealed or expunged. Many people make mistakes when they are young, but those decisions should not haunt them for the rest of their lives. Individuals with juvenile criminal records can potentially lose valuable opportunities unless they apply to have their records sealed. Contact Attorney Christopher Fogt to discuss filing to seal or expunge your juvenile record to protect your future. 

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Fogt Law Can Help

After a criminal record has been sealed or expunged, Fogt Law Office assists clients by contacting a multitude of private companies and organizations to demand that all information regarding the conviction be destroyed. This is vitally important because many websites continue to retain and display such information even after a record has been officially sealed. Most firms do not provide this service, which is essential to ensure that the public does not have access to the information.

Attorney Fogt practices in Federal Court and all over the State of Ohio including, but not limited to Montgomery County, Greene County, Miami County, Warren County, Hamilton County, Clark County, Franklin County. Attorney Fogt also practices in Kettering, Miamisburg, Dayton, Xenia, Fairborn, Springboro, Clark, and Lebanon Municipal Courts as well as others. We have handled hundreds of misdemeanor and felony cases including those with multiple first degree felonies. We can help you!