Individuals who have been charged with a criminal offense in the Montgomery County Common Pleas Court and who have been convicted, had the charge(s) dismissed, or who were charged but not indicted by a Grand Jury, can apply to the Court to have their case sealed under Ohio law. The statutes that provide for this action are show below.

Sealing of a conviction:
2953.32 Sealing of record of first offense; application; hearing; fee; re-examination of sealed record

Sealing of a dismissed case or a refusal by a Grand Jury to indict
2953.52 Application to have records sealed; grounds; order

You can go to http://onlinedocs.andersonpublishing.com on the internet and view the full text of these Ohio statutes. Additional statutes in the Ohio Revised Code may affect your eligibility to have your record sealed.

You may submit a motion to the Common Pleas Court without the assistance of an attorney if you so choose. You can locate the form needed to file such a motion on our legal forms page. There is a $50.00 non-refundable filing fee.

Deputy Clerks in the Clerk of Courts Office are not permitted to give legal advice. If you are uncertain regarding your eligibility to have your criminal case sealed by the court, you should consult with an attorney before paying the $50.00 filing fee. If you cannot afford to hire an attorney, you may call the Legal Aid Society of Dayton at 937-228-8088 to see if you qualify for their services.

The decision to grant your motion to seal your record lies with the Judge of the Common Pleas Court. The court will conduct an investigation in most cases before making a decision.

1. How long do I have to wait before I can file a motion to have my record sealed?

It depends on the type of criminal record you are trying to seal. If you have a felony conviction, you must wait 3 years from the final release from prison, parole, or probation. If it is a misdemeanor conviction, you must wait 1 year from the final release. If your case was ignored by a Grand Jury, you must wait 2 years from the date of the Grand Jury report. If your case was dismissed, you can apply immediately upon the filing of the dismissal entry in the court.

2. Can I have more than one case sealed?

Under Ohio law, you can only have one conviction sealed. If you have more than one conviction, the court will not seal your record. You may have multiple dismissed cases or cases where the Grand Jury did not issue an indictment sealed.

3. After I file my application to have my record sealed, what happens next?

The court will refer your application to the court's office of Criminal Justice Services (formerly known as the Adult Probation Dept.) That office will conduct a background investigation to determine if you are eligible to have your record sealed. They will file a report with the court indicting their findings. The court will then conduct a hearing at which time the Prosecuting Attorney can offer evidence and testimony in opposition to your application, if he so wishes.

4. How long will it take for the court to make a final determination on my application?

This depends on how long it takes the Court to complete the investigation into the case. It also depends on whether there is opposition to your application by the Prosecuting Attorney. There is no set time frame for this decision but you should assume a waiting period of about 2 months.

5. Once my record is sealed, can anyone get the information?

Under Ohio law, there are some circumstances under which your conviction record can be divulged and the facts and circumstances surrounding that conviction can be discovered. (Read Section 2953.32 (D) of the Ohio Revised Code). Generally, the incident, whether it is a conviction, a dismissal, or a no true bill by a grand jury, is deemed never to have occurred once it is sealed by a court. Federal law enforcement agencies do not recognize Ohio orders (or orders from other states) sealing a criminal case. Someone with access to federal database information may be able to see your sealed record if the record was submitted to the FBI.

6. Are there convictions that cannot be sealed?

Yes, certain traffic convictions such as DUI cannot be sealed. There are other exceptions as well. Refer to the applicable Ohio statutes for additional information or consult with an attorney.

7. Where do I file my motion to have my record sealed?

You may file your motion at the Montgomery County Clerk of Courts Office, Criminal Division, 41 N. Perry St., Room 104, Dayton, Ohio 45422 (937-225-4536). We accept personal checks drawn on a local bank with appropriate identification. Money orders payable to the Montgomery County Clerk of Courts are also accepted as is cash.

8. How can I review my criminal record?

You can review the Clerk of Courts file on your case by going to the Records Section of the Clerk of Courts located at the Montgomery County Courts Building, 41 N. Perry St., Room 9, Lower Level, Dayton, Ohio 45422 or by searching online using the PRO System. Enter either your name or your case number to view the docket on your case.