Ohio has recently taken a major step toward criminal justice reform with the passage of Senate Bill 288. This bill expands the opportunities individuals have in clearing their record, either by record expungement or the sealing of arrest, court and/or criminal conviction records.
Sealing vs. Expungement: What’s the difference?
With the passage of Senate Bill 288, both the record sealing and expungement processes in Ohio have changed and new individuals may be eligible for relief. Before diving into the updates, it’s important to understand the distinction between record sealing and expunging a record, two processes often confused but very different in effect.
A sealed record is not available for public viewing, but it may be viewed by certain entities, including law enforcement and certain government agencies. An expunged record is one that has been permanently destroyed and is irretrievable. The eligibility requirements for sealing and expungements differ in terms of the waiting period and offenses that are eligible, meaning that there are often shorter waiting periods for sealing a record, and offenses that may be eligible for sealing may not be eligible for expungement. In practicality, getting your record sealed or expunged has a plethora of benefits including improved employment prospects, increased chances of obtaining professional licenses, eligibility for housing and educational programs, and rights restoration.
How has Senate Bill 288 Changed the Expungement Process in Ohio?
Revised Waiting Periods
Senate Bill 288 is a comprehensive criminal justice reform bill that expands access to record sealing and record expungement in Cleveland, Ohio. As of April 2023, new waiting periods have been put in place for sealing your record. Unless certain circumstances apply, eligible felonies of the third degree can be sealed three years after final discharge, individuals with felonies of the fourth or fifth degree are eligible for sealing after just one year following final discharge, and individuals with minor misdemeanors are eligible six months after final discharge to seal their record. Further, eligible felonies of the fourth or fifth degree can be expunged eleven years after final discharge, and eligible third-degree felonies are able to be expunged thirteen years after final discharge. Minor misdemeanors can be expunged six months after final discharge, and eligible misdemeanors can be expunged after only one year of final discharge.
Efficiency
The efficiency of the sealing process is planned to improve, by requiring Courts to hold hearings within forty-five to ninety days after an application to seal has been filed and requiring prosecutors to submit any written objections at least thirty days prior to the hearing.
Contact AJLJ Law for More Information Specific to Your Case
While there are still offenses that may not be eligible for sealing or expungement, AJLJ Law has found great purpose in helping those make life-changing decisions, such as choosing to get your record sealed or expunged, which is now a more available option under Senate Bill 288. Even if you’ve previously consulted with an attorney or attempted to get your record sealed in the past, with changes in the law, there might be a path forward for you. Reach out to us at AJLJ Law for information regarding Record Expungement in Cleveland Ohio, so that we can determine your eligibility.
