Ohio Motion to Seal Records and Documents

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Multi-State
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US-03331BG
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Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Eligible minor misdemeanors can be expunged after 6 months. Eligible M1-M4 misdemeanors can be expunged after one year. Eligible felonies can be expunged after 11-13 years.

Many people mistakenly believe that misdemeanor convictions automatically drop off of court records after a few years. Unless a person petitions the court to expunge their misdemeanor criminal record under the Ohio Expungement Statute, the criminal record will always be accessible and available to public inspection.

If you have a record for a criminal offense in Ohio, you may be eligible to have the records for the case sealed and/or expunged. In Ohio, record sealing is the removal of the case records from public records, and expungement is destruction of the records so the records are permanently irretrievable.

Juvenile Court Records Cases regarding juvenile traffic, delinquency, and unruly matters, including probation records, are not public. Cases regarding abused, neglected, and dependent children are not public. Parentage, support modification, and visitation cases are generally public.

You must request sealing. If you admit to a delinquency offense or are found guilty, the juvenile record is not sealed automatically, even if the offense is a misdemeanor. To seal a juvenile record, you must: Wait 6 months.

Ohio criminal laws have been reformed by Senate Bill 288 which takes effect on April 4, 2023. This new law creates sweeping changes for the Sealing and Expunging of criminal records, including, conviction records, bail forfeitures, findings of not guilty, dismissed charges, and a No Bill issued by grand jury.

Records of a defendant's conviction may be sealed at the sentencing court's discretion, and are then subject to limited access. Sealing requires that 1) The convictions requested to be sealed are eligible offenses [R.C. 2953.32] and 2) The necessary waiting period from final discharge of the case has passed.

Sealing your conviction often restores your firearm rights, while also removing your criminal record from public view and most background checks. If you can't seal all the convictions that are restricting your firearm rights, you may qualify to use Ohio's firearm rights restoration process outlined in ORC 2923.14.

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Ohio Motion to Seal Records and Documents