Sealing of Record of Conviction

Under the Ohio Revised Code § 2953.32 an eligible offender may apply to the sentencing court if convicted in this state, for the sealing of the conviction record. Application may be made at the expiration of one year after the offender's final discharge if convicted of a misdemeanor.

Upon the filing of an application, the court shall set a date for a hearing and shall notify the prosecutor for the case of the hearing on the application. The prosecutor may object to the granting of the application by filing an objection with the court prior to the date set for the hearing.

In deciding whether an offender is appropriate to have a record sealed, the court shall determine the following:

  1. Is the applicant an eligible offender, meaning anyone who has been convicted of an offense in this state or any other jurisdiction and who has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the same offense, or not more than one felony conviction and one misdemeanor conviction in this state of any other jurisdiction.
  2. Determine whether criminal proceedings are pending against the applicant
  3. Determine whether the applicant has been rehabilitated to the satisfaction of the court
  4. If the prosecutor has filed an objection, consider the reasons against granting the application specified by the prosecutor in the objection
  5. Weigh the interests of the applicant in having the records pertaining to the applicant's conviction sealed against the legitimate needs, if any, of the government to maintain those records.
Exclusions

Under the Ohio Revised Code § 2953.36, a conviction of the following is not an offense eligible to be sealed.

  1. Convictions when the offender is subject to a mandatory prison term
  2. Convictions under section 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section 2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters.
  3. Convictions of an offense of violence when the offense is a misdemeanor of the first degree or a felony and when the offense is not a violation of section 2917.03 of the Revised Code and is not a violation of section 2903.13, 2917.01, or 2917.31 of the Revised Code that is a misdemeanor of the first degree.
  4. Convictions on or after October 10, 2007, under section 2907.07 of the Revised Code or a conviction on or after October 10, 2007, for a violation of a municipal ordinance that is substantially similar to that section.
  5. Convictions on or after October 10, 2007, under section 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33 of the Revised Code when the victim of the offense was under eighteen years of age.
  6. Convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age when the offense is a misdemeanor of the first degree or a felony, except for convictions under section 2919.21 of the Revised Code
  7. Convictions of a felony of the first or second degree.
  8. Bail forfeitures in a traffic case as defined in Traffic Rule 2.
Expungement of Record of Conviction

Under the Ohio Revised Code § 2953.52, any person, who is found not guilty or an offense by a jury or a court or who is the defendant named in a dismissed complaint, indictment, or information, may apply to the court for an order to seal the person's official records in the case. Except as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the finding of not guilty or the dismissal of the complaint, indictment, or information is entered upon the minutes of the court or the journal, whichever entry occurs first.

In deciding whether an offender is appropriate to have a record expunged, the court shall determine the following:

  1. Determine whether the person was found not guilty in the case, or the complaint, indictment, or information in the case was dismissed, or a no bill was returned in the case.
  2. Determine whether criminal proceedings are pending against the person.
  3. If the prosecutor has filed an objection in accordance with division (B)(1) of this section, consider the reasons against granting the application specified by the prosecutor in the objection.
  4. Weigh the interests of the person in having the official records pertaining to the case sealed against the legitimate needs, if any, of the government to maintain those records.
Procedure for Sealing of Record of Conviction

Application for sealing of record of conviction in the Painesville Municipal Court shall be made in writing or by completing the Expungement/Sealing of Record form.

Upon the filing of an application, the applicant shall pay a fee of $75.00. Upon receipt of the motion, the court shall set a date for a hearing and notify the applicant of such date and time.

Effect of Expungement of Criminal Conviction
See Ohio Revised Code § 2953.32(C)(2), § 2953.321 and § 2953.53 and § 2953.54 for specific information on what occurs after a record is sealed or expunged.