Ohio: Juvenile Court Records and Law Enforcement Records (OH-AR-5)

Records relating to an adjudication of delinquency can be sealed upon petition, so long as the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child, at least 18 years of age, and not subject to a disqualifying event. Ohio Rev. Code Ann. § 2151.356(C)(1).

Record Detail(s)

Charges adjudicated

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

Adjudications for aggravated murder, murder, or rape cannot be expunged. Ohio Rev. Code Ann. § 2151.356(A). The person is ineligible for sealing in this column if the person is under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child. Ohio Rev. Code Ann. § 2151.356(C)(1).

Procedure General

The petition must be filed with the court. The court can order the records sealed if it finds that the person has been rehabilitated to a satisfactory degree. For the specific procedure, see Ohio Rev. Code Ann. § 2151.356(C)(2).

Fees

There is no filing fee. Ohio Rev. Code Ann. § 2151.356(C)(1).

Effect

The records sealed will not include fingerprints, DNA specimens, and DNA records. Ohio Rev. Code Ann. § 2151.356(B)(1)(2). The person who is subject of the sealing order properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. For further information about the effect of sealing, see Ohio Rev. Code Ann. § 2151.357.

Waiting Periods

A petition can be filed if the person is at least 18 years old and after the later of the following have occurred: the termination of any order made in relation to the adjudication, the unconditional discharge from a dispositional order or from an institution or facility, or a court order declaring that the person is no longer a juvenile offender registrant.

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