The terms “expungement” and “record sealing” are often used interchangeably, but they have different legal meanings. Both give you a way to limit who knows about your past convictions or arrests, and the processes are similar. However, the final results and who qualifies are very different.
Expungement removes certain criminal records from the record entirely. Once a record is expunged, law enforcement, prosecutors, employers, landlords, and other background check services won’t be able to see your record, ever. In other words, expungement completely destroys the record. However, you can only expunge records if you’re a human trafficking survivor and you have a related case, or if you have a qualifying gun crime conviction from before 2011. You may also expunge records if your conviction was from Juvenile Court.
Sealing a record is slightly different. Sealed records remain accessible to some law enforcement and certain government agencies, but they aren’t visible to the general public. This can help you move forward with applications for jobs, housing, or professional licenses. The court still keeps a record of the conviction, but you can move forward in daily life as if it never happened.
Knowing the difference matters when you’re deciding which option to pursue. Some convictions only qualify for record sealing, while a limited few may be eligible for full expungement. Probst Law Office, Inc can review your criminal history and help you understand which option applies to your case. Contact us today to talk to a record expungement attorney in Columbus, OH.
Even minor convictions or dismissed charges can follow you long after the legal process ends. Your charges will appear on background checks, which affects your ability to get certain jobs and makes routine life events more complicated. Expunging or sealing eligible records gives you a chance to reduce those barriers—essentially, you can regain control over how your past affects your present. Many people pursue expungement or sealing for practical reasons, including:
The process takes time, and courts follow strict rules, but the benefits make all the effort worthwhile. Probst Law Office, Inc will guide you through every step, starting with reviewing your record and filing petitions, all the way through addressing any challenges and final resolution. A carefully handled petition from an experienced Columbus record sealing lawyer gives you the best chance to move forward without past convictions holding you back.
Expungement and sealing can be confusing processes. Here are some of the most common questions our clients ask:
How long do I have to wait before filing for expungement or record sealing?
Waiting periods vary by offense type and whether you were convicted:
The most accurate way to determine your waiting period is to call Probst Law Office, Inc for a consultation.
Can I clear multiple convictions at once?
Yes, but each conviction must meet the eligibility requirements. Coordinating multiple cases in the same court can simplify the process and save legal fees. However, your attorney must carefully review your records to make sure that each offense is eligible and the waiting period has passed.
Will the court automatically grant my petition?
No—not even for dismissed charges, arrest-only records, and acquittals. Judges have discretion to approve or deny petitions. They consider factors like which crime you’re asking to expunge or seal, whether you present evidence of rehabilitation, and whether you’re a public safety risk. Even eligible cases aren’t guaranteed approval. That’s why working with a strategic, experienced Columbus lawyer can make a difference.
What happens if the prosecutor opposes my petition?
Don’t panic. An objection doesn’t mean your case is over, and your petition could still be granted. Typically, the court will schedule a hearing. Your attorney can present arguments supporting your eligibility and explain why sealing or expungement is appropriate. Probst Law Office, Inc can also answer questions from the judge and address any concerns the prosecutor raises.
Do out-of-state or federal convictions affect my eligibility?
Yes. Ohio courts handle out-of-state and federal convictions differently. Some may be eligible for limited remedies like sealing, but not full expungement. We’ll review your full criminal record to make sure that each offense is eligible. If your out-of-state convictions affect eligibility, we’ll develop a strategy and fight to clear all eligible records.
How long does the process take?
Timing varies by county and how complex your petition is. Simple petitions may be resolved in a few months, while contested cases or those with multiple convictions can take longer. Your case could be delayed if your petition and documentation are incomplete or if the prosecutor challenges the petition.
Can a sealed or expunged record ever be reopened?
Yes. Courts can unseal records in extremely limited situations, such as a new criminal investigation or when a prosecutor or law enforcement agency asks for access. These situations are narrow, and generally, the public still can’t see the record.
Does expungement or sealing restore my firearm rights?
Generally, no. Firearm rights fall under different statutes, so they aren’t automatically restored through expungement or sealing. You may need to file a separate petition depending on your case and the specific conviction.
Will expungement or sealing help with immigration issues?
It may help in some situations, but immigration authorities can sometimes access underlying records even after expungement or sealing. Immigration cases follow federal law, not state expungement law. Be sure to speak with an immigration attorney before making any decisions.
