Ohio Criminal Court Records

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    Ohio criminal court records are generated during criminal actions in a competent court within the state. These records are maintained by the various county clerks of courts, who are part of the state's judicial system and are responsible for filing, indexing, disseminating, and preserving the documents in their custody.

    The integrity of Ohio's legal system relies on the courts' ability to accurately reproduce proceedings through effective case documentation. Proper recordkeeping strengthens the justice system's transparency and accountability by allowing the general public and the parties involved to verify that justice is properly administered. They are also essential to safeguarding due process, ensuring that every party has a fair opportunity to challenge, appeal, or defend their cases.

    Are Criminal Court Records Public in Ohio?

    Yes. Under the Ohio Public Records Act (Revised Code 149.43), criminal court records, regardless of form, are subject to public disclosure. Requesters do not have to state the motives behind a search, and record custodians are required to respond to inspection requests promptly.

    However, record custodians may deny requests when the sought documents are not in their possession, do not exist, or have been destroyed in accordance with established retention guidelines. In addition, information may be withheld or redacted if it falls under exemptions provided by state statutes, case law, or federal law. Common examples include sealed case files, expunged records, juvenile case information, and the identifying information of crime victims.

    What Criminal Court Records Contain in Ohio?

    Ohio public criminal court records typically include the following information:

    • Docket sheet information (defendant's name, case number, filing date, case description, etc.)
    • Indictments and other formal charges
    • Dispositions
    • Court information (judge's name, court location, etc.)
    • Bond information
    • Subpoenas
    • Evidentiary materials
    • Motions
    • Rulings and verdicts
    • Sentencing information

    Ohio Criminal Court Records Search

    Individuals can obtain Ohio criminal court records from the clerk of the court that tried the case. One of the primary services offered by clerks of court offices across Ohio is providing access to criminal case information through in-person courthouse searches during regular business hours. Per the Ohio Public Records Act, requests for criminal court case information can be made orally; however, written requests are preferred and sometimes required (especially for copies of documents or complex requests). Record custodians may also accept requests by email or mail. Generally, requesters are encouraged to check the custodian's website for specific guidelines on how to obtain criminal case information.

    Many county clerks of court also operate remote access portals for criminal case searches. Examples include the Hamilton County Clerk of Courts, Montgomery County Clerk of Courts, Fulton County Clerk of Courts, and Trumbull County Clerk of Courts. Criminal court case information found on these online case management systems often includes docket entries and other public criminal court case data. The databases are often searchable by the defendant's name, case number, or file date.

    Fees generally apply for copying, certifying, or authenticating documents, and each county clerk of court establishes its own fee schedule for these services. For example, while Summit County Clerk of Courts and many others charge $1 per page for certified copies of documents, Butler County Clerk of Courts charges $2 for the same service. Consequently, interested parties should verify the appropriate fees directly from the clerk's offices.

    Free Access to Criminal Court Records in Ohio

    The Ohio Public Records Act does not permit record custodians to charge fees for public records inspection requests. Therefore, members of the public can physically examine criminal court records at any clerk of court's office within the state for free. Online access to docket information and other basic criminal case data also comes at no cost to the requester. Record custodians are only permitted to charge the actual costs of duplication, postage, and other expenses necessary to fulfill a request for copies.

    Sealing and Expungement of Criminal Court Records in Ohio

    Under the Ohio Revised Code, individuals may request to have certain criminal court records sealed or expunged, thereby limiting public access. An expunged record is permanently removed from a person's criminal history, making it irretrievable and inaccessible to everyone. In contrast, sealed records are stored in a separate file made inaccessible to the public but can still be viewed by law enforcement and other authorized criminal justice agencies.

    Sealing and expungement of records in Ohio is provided under the Ohio Revised Code 2953.31, et seq. Per the Ohio Revised Code, applicants are only eligible to have their records sealed for qualifying offenses and after the appropriate waiting period for their offenses have elapsed.

    It is noteworthy that specific records, such as the following, cannot be sealed or expunged in Ohio:

    • 1st and 2nd degree felonies
    • 3rd degree felonies if the subject has 2 or more felonies of any degree
    • Traffic convictions
    • Theft-in-office convictions
    • Certain sexual oriented offenses, such as rape, sexual imposition, and illegal sexual conduct with a minor
    • Murder, voluntary manslaughter, robbery, and other violent offenses

    Individuals with pending criminal charges are also not eligible for record sealing or expungement.

    How to Seal Criminal Court Records in Ohio

    Applicants are expected to determine their eligibility status, preferably by consulting an attorney, to ensure that their records qualify for sealing in Ohio before proceeding with the process. Generally, dismissed cases, minor misdemeanor convictions, and cases that resulted in a no bill or a not guilty verdict are eligible for record sealing.

    The following waiting periods apply to each category of eligible offenses when seeking to have a record sealed:

    • Misdemeanors: 6 months after discharge for minor misdemeanors, and 1 year after discharge for other misdemeanors.
    • 4th or 5th degree felonies: 1 year after discharge.
    • Applications to seal a maximum of two 3rd degree felonies: 3 years after discharge of both felonies.
    • Applications subject to Section 2950: 5 years after requirements have ended.

    Note: An application for sealing may be filed at any time following a not guilty verdict or case dismissal. For no bills, the waiting period is 2 years after it has been reported.

    Criminal record sealing after confirmation of eligibility involves the following steps:

    • Filing an Application to Seal or Expunge Criminal Records with the court that handled the matter (forms are typically available on the appropriate clerk of court's website).
    • Attending a court hearing, which is typically held between 45 and 90 days after the application is filed.

    When deciding whether to grant a sealing order, the court considers a number of factors, such as the prosecutor or victim's objections and whether the applicant has fully rehabilitated. If the court grants the sealing order, all official records related to the case will be removed from public databases, and access to the records will be restricted to law enforcement agents, government officials, and employers in certain critical sectors. The clerk of court will also notify Ohio's Bureau of Motor Vehicles (BMV)and Bureau of Criminal Investigations (BCI) about the sealing order.

    How to Expunge a Criminal Record in Ohio

    Similar to record sealing, applicants for record expungement are to verify their eligibility status before taking active steps to petition the court. Apart from the waiting period for misdemeanors, which is similar to that of record sealing, the following waiting periods apply for expunging eligible records of conviction in the state:

    • 4th or 5th degree felonies: 11 years after discharge
    • One or two 3rd degree felonies: 13 years after discharge

    Note: The process for expunging criminal court records is largely similar to that for sealing, although the legal effect differs. If an expungement order is granted, all official records, including index references, will be destroyed and rendered permanently irretrievable, as though the record never existed. However, the BCI will retain the records solely for the purpose of determining employment eligibility in law enforcement.

    It costs $50 to file an application to seal/expunge a criminal court record, regardless of the number of records to be sealed or expunged. However, per the Ohio Revised Code 2953.32(d)(3), filing fees can be waived for indigent applicants who present a poverty affidavit.

    Detailed information on sealing and expungement in Ohio is available in the Ohio Supreme Court's Adult Rights Restoration and Record Sealing document.

    Criminal Records in Ohio vs Court Records

    Ohio criminal records refer to statewide histories of a person's interactions with criminal justice agencies within the state. These records are maintained by the Ohio BCI, which collates arrest and disposition information from various justice partners, including law enforcement agents and local courts or clerks. On the other hand, Ohio criminal court records are limited to documents and filings specific to a particular case handled by a criminal court in the state.

    Requesting an Ohio Criminal History Record

    Criminal history records maintained by the Ohio BCI are not public data; therefore, individuals cannot access another person's criminal history information at will. Only the subjects of a record and authorized employers, licensing bodies, and government agencies can request access. The procedures for obtaining Ohio criminal history records are highlighted on the BCI's Requesting Your Own Criminal Records page.

    How to Request an Ohio State Background Check

    The requirements for background checks in Ohio are laid down in Chapters 5101:2-12, 5101:2-14, and 5101:2-18 of the Ohio Administrative Code. To conduct an Ohio State criminal background check, applicants will need to visit the nearest WebCheck location to get fingerprinted. The fingerprinting agent then transmits the applicant's fingerprints and other identifying information through the WebCheck system to the Ohio Bureau of Criminal Investigation. The BCI will then search its criminal history database to check whether the applicant has a criminal record. The cost of a civilian BCI background check varies depending on the provider and whether an FBI background check is included.

    Individuals may also conduct a local criminal background check through their local police department or sheriff's office. For example, the Montgomery County Sheriff's Office conducts local background checks for interested parties. However, information obtainable is limited to jail booking records within the county.

    Active vs Archived Criminal Cases in Ohio

    Active criminal case records refer to case information available on current court calendars and online case portals. Meanwhile, archived cases refer to closed matters that have exceeded their retention periods, which are transferred to storage facilities, such as the Ohio State Archives, for safekeeping.

    In Ohio, many counties also maintain dedicated archive centers to facilitate the location and retrieval of these records. For instance, the Franklin County Court of Common Pleas' Archive Center operates an Archive Center within Franklin County for this purpose.