Expungement
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When someone has criminal charges filed against them, documents are created that can be accessed by the public. Regardless of the outcome, it is best to have the court close the file so that it is not accessible to others, including possible employers.The process which you use depends on whether you were convicted or not.
If you were NOT convicted, you have the right to SEAL THE RECORD.
If you were convicted, you MAY be able to EXPUNGE THE RECORD.
SEALING THE RECORD (NO CONVICTION)
As soon as your case is concluded, you can ask the court to seal your record. First, you must file a Petition to Seal. The cost for this is usually around twenty dollars, and it usually takes several weeks for misdemeanors. For felonies it is usually $35 and takes about a month. The Athens Municipal Court has forms required for misdemeanors.
After submitting your documents and paying the required fee, you wait for the judge to sign the ORDER SEALING THE RECORD. This will be sent to you. You will need additional copies of the Order to require certain agencies to restrict your records from public view. These copies must be CERTIFIED by the clerk of the Court. Send a copy of the Order to any arresting agency (or jail), as well as to the Ohio Bureau of Criminal Investigation (BCI) in London, Ohio. The court clerk will have the addresses.
EFFECT OF SEALING: You have a RIGHT to have your record sealed when your case is dismissed or you are found not guilty. Once it is sealed, and you have the right to deny for purposes of licensure or employment that you were ever arrested on that charge. The effect of sealing is that, under the law, the arrest never existed.
EXPUNGEMENT (CONVICTION)
All MINOR MISDEMEANORS can be expunged. For any other classification of MISDEMEANOR, only one such conviction can ever be expunged. However, certain convictions, like a DUI, can never be expunged. You must wait ONE YEAR after the conviction before filing your Petition for expungement. For a felony you must wait three years and it is much more complex. The cost for expungement is $50 and it takes about 2 months.
In your petition you swear that you have no other convictions, and that you have no criminal charges pending. When the Judge signs your ORDER OF EXPUNGEMENT, you must notify the agencies by sending them certified copies.
EFFECT OF EXPUNGEMENT: When a conviction is expunged, it is removed from public access, but certain law enforcement or education agencies may be able to get access to the record. Also, the law provides that a person may be questioned about an expunged conviction if “the question bears a direct and substantial relationship to the position for which the person is being considered.” This usually applies to teaching licenses or jobs which require security such as law enforcement. You must decide whether to release the information.
Remember: For students with multiple convictions at any level, expungement rules can be confusing. Always consult an attorney if you have any questions. OU Students who have paid the CSLS fee can call to make an appointment
