On June 27, 2014, we blogged about Sealing/Expunging Your Criminal Record; this blog is about juveniles wanting to seal or expunge his or her record. Below is some more important information regarding sealing or expunging your record.
Sealing vs. Expunging as a Juvenile
As stated previously in the June 27 blog, one of the main differences between sealing and expunging is the age of the offender at the time of the offense. Juvenile records are typically "expunged," while adult records are only "sealed." However, you can also "seal" your juvenile record as well. While sealing only removes the file from public view, expunging completely destroys the record.
Process
Under O.R.C § 2151.356, you can seek to have your record sealed six (6) months after the final disposition of your case. This would mean that you juvenile record would only be readable and accessible by the juvenile court. To do this, you would need to file a written request with the court, and then upon notification of your request, the court would then schedule a hearing (if necessary) where the prosecutor will determine if he or she agrees with the request. If the hearing is necessary, you will be allowed to attend that hearing, and also present evidence that you have been rehabilitated. If the court finds that you have been rehabilitated, your record will be sealed.
After the above proves successfully occurs and your record is sealed, under O.R.C. § 2151.358, the court will expunge (destroy) your record either five (5) years after it was ordered sealed, or on your 23rd birthday, whichever comes first. However, if you want your record expunged before this time (5 years or when your turn 23 years old), you can file a written request with the court, and upon notification, the court will do the exact same process from O.R.C. § 2151.356 above, however they will expunge (destroy) your record this time since it has already been sealed.
Offenses Not Eligible for Sealing or Expungement
However, there are certain offenses that can neither be sealed, nor expunged. The list is as follows.
- Aggravated Murder (§ 2903.01)
- Murder (§ 2903.02)
- Rape (§ 2907.02)
- Sexual Battery (§ 2907.03)
- Gross Sexual Imposition (§ 2907.05)
NOTE: If you have been convicted of any of the above crimes, you cannot seal or expunge your record.
If you want to seal or expunge your record, or have general questions about the process, do not hesitate to contact your local criminal defense attorney at The Meranda Law Firm, LTD. We will work with you in the most amicable manner and work to get your case sealed or expunged. Give us a call at 614-707-4239.