| FREQUENTLY ASKED QUESTIONS: EXPUNGEMENT |
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The Law Library Staff prepares "Frequently Asked Questions" for the convenience of our users to provide access to a variety of sources addressing particular points of law. These are general legal information sources, and are not to be construed as a substitute for personal legal advice from an attorney. Please seek legal counsel to help you determine the applicability of any of the information in these resources to your specific situation. The Cleveland Law Library makes no recommendation as to whether you should purchase any services offered by the websites contained in this FAQ. |
| 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 Section 2953.32; 2953.31-2953.36 Bound volumes available at Cleveland Public Library - Social Sciences Department. "Expungement: The Movie" Coursebook by Benjamin Zober, available at the Cleveland Law Library. Includes forms. Ohio Jurisprudence 3d, Criminal Law, sections 3944 to 3959. Available at Cleveland Public Library - Social Sciences Department. For a brief discussion about expungement see Center for Student Advocacy at Ohio University Form: Motion for sealing of records: Ohio Forms of Pleading and Practice/Criminal Procedure, Vol. 17 Form 32.3:11, page CR32.3-44 ADULTS: SEALING OF RECORD AFTER NOT GUILTY FINDING OR DISMISSAL Ohio Revised Code Section 2953.52; 2953.51-2953.61 Bound volumes available at Cleveland Public Library - Social Sciences Department. Ohio Jurisprudence 3d, Criminal Law, sections 3960 to 3966. Available at Cleveland Public Library - Social Sciences Department. JUVENILES: SEALING OR EXPUNGING A RECORD New Procedure for Expungment 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: Juvenile Court Rule 34(J) Advisement of rights after hearing. Ohio Jurisprudence 3d Family Law section 1713: Available at Cleveland Public Library - Form: Motion for Sealing of Records: Ohio Forms of Pleading and Practice/Juvenile Courts, Vol. 14 Form J34:2, page JR34-33 Form: Expungement of records: Ohio Forms of Pleading and Practice/Juvenile Courts, Vol. 14 Form J34:3, page JR34-39. The Cuyahoga County Juvenile Court has forms for both sealing and expunging a juvenile record. FEDERAL EXPUNGEMENT Northern District of Ohio Federal Public Defenders: Usually, 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. HR 662 currently pending in the 109th Congress proposes expungement for nonviolent federal offenders.
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.
Created on:
June 4, 1999 -
