Juvenile Record Sealing and Expungement In Ohio - Sean E. Foderetti

Ohio law allows you to have your juvenile record sealed and/or expunged if you were adjudicated of an offense as a juvenile.  Ohio Revised Code Sections 22151.356-2151.358 explain the process and requirements to have your record sealed and/or expunged.

“Seal a record” means to remove from the main file or similar records and to secure it in a separate file. The juvenile can honestly say he, she, or they do not have a record.  Only the court and few other government agencies are able to see the juvenile record.  To all others, it will be as if the record never existed.

Expungement of a juvenile record is like a permanent sealing.  The juvenile record is completely removed from the court’s records and destroyed, thus making it permanently irretrievable.  No one will be able to see the record.  The juvenile can honestly state that he, she, or they do not have a record.

Sealing

If the juvenile’s offense was aggravated murder, murder, or rape, the record cannot be sealed or expunged. For all other delinquencies, unruly, or juvenile traffic offenses, you may file an application requesting an order sealing your record if:

• Six months has passed since the termination of any order made by the Court in relation to the adjudication.  This includes orders such as fines, court costs, restitution, probation, community service, and juvenile offender registration requirements.  If the juvenile was placed in a juvenile institution, you may not apply until six months after you have received an unconditional discharge from such institution, and 

• You are not presently under the jurisdiction of the Court in relation to a delinquency case.

Once you apply to have your record sealed the court must determine if you have been rehabilitated to a satisfactory degree.  The court may consider any evidence you present including any documentation that may assist with this inquiry, and/or may conduct its own investigation of the facts and circumstances related to your rehabilitation.  The Court will notify the prosecutor of your application.  Depending on the circumstances the prosecutor and/or Court may request a hearing on the matter or rule on the application without a hearing.

Expungement

            If your record has been sealed, the Court will automatically expunge your record after 5 years or when the juvenile has reached the age of 23, whichever happens first.

            The process for expungement is similar to the sealing process, so once you have had your record sealed you can apply in the same manner to have your record expunged and the Court will conduct a similar investigative process as the sealing process.

            Do not let your juvenile record have a negative effect on your future, be sure to consult with an experienced family law attorney to help with such a critical legal proceeding to ensure you achieve your desired results.

We stand ready to answer any of your questions here at Dahlberg, Stanley & Foderetti, LLC.  Please contact our office for a free initial consultation with one of our attorneys to discuss your case.

- Sean E. Foderetti, Esq.