What is record sealing? What is an expungement? Legal Aid can help!

By Tonya Sams

Prior to 2023, most criminal records in Ohio were only eligible for record sealing. Few cases were deemed eligible for expungement. But important changes in Ohio law have made it possible for more criminal records to be both sealed and expunged, allowing more people to overcome barriers to employment. Understanding these changes can be hard to navigate, but attorneys at The Legal Aid Society of Cleveland can help make it easier.

One of the first things that should be understood is the difference between record sealing and expungements.

“Record sealing puts all of your records behind the wall,” said Lily Mann, Staff Attorney in Legal Aid’s Intake Group and Volunteer Lawyers Program. “This means that only certain government agencies and background checks can see the record. For example, if you’re applying for a nursing license, the agency will be able to see the sealed record. However, when a record is expunged, it is completely erased. The agency would not be able to find it because once expunged, it is as if it never happened.”

Legal Aid host virtual expungement clinics, but people do not have to wait until those events to get help.

“The easiest way to see if you’re eligible for expungement and record sealing is by calling our Intake Department. We take expungement applications every day that we are open,” said Lauren Gilbride, Managing Attorney for the Intake Group and Volunteer Lawyers Program. “When you call, an Intake Specialist will ask a series of questions regarding your criminal record. Then they will ask you to get some documents to us and once we receive them we can determine if the record is eligible to be sealed or expunged.”

If the record is not eligible, an attorney will send the applicant a letter explaining why and advice on how to get to eligibility status, if possible. For those who are eligible, they will be scheduled for a virtual appointment with a volunteer attorney who will go over their documents with them to make sure everything is correct. If there are any issues or corrections that need to be made, the attorney can get it corrected for them. The applicant is sent a hard copy of the documents and instructions on how to file with the court.

“We have found that for the vast majority of people seeking to expunge their records, as long as we do a thorough assessment, understand what’s going on in their case, and they show up to the hearing, they’re going to get the expungement, or the record sealed. But the first step should always be to come to Legal Aid for help,” said Lauren.

Do you need help to determine if you are eligible for record sealing or expungement of your criminal record? Legal Aid may be able to help! To apply for assistance, call 888-817-3777, or complete an online intake 24/7 at lasclev.org.

Story printed in The Euclid Observer: What is record sealing? What is an expungement? Legal Aid can help!