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Elyria Municipal Court

Instructions for Sealing a Criminal Record

This page is to be used to assist you in filing an application to seal your criminal record.

The staff of the Elyria Municipal Court Clerk’s Office, by law, is prohibited from offering ANY legal advice. Please contact an attorney with any questions regarding the sealing/expungement application process.

Sealing of a Record

In Ohio, many records of conviction, bail forfeiture, not guilty, or dismissal may be sealed. Sealing of a record is the act or practice of officially preventing access to court records. In most instances after sealing, the record of conviction is treated as if it never occurred.(See R.C. 2953.32(A) for conviction records that cannot be sealed.)

If you wish to seal a case/record where ALL of the charges have been dismissed or you were found not guilty to ALL of the charges, please refer to OHIO REVISED CODE SECTIONS 2953.33 for information on sealing a record of not guilty or dismissal.

If you wish to seal a case/record where you were convicted of one or all of the charges PLEASE REFER TO OHIO REVISED CODE SECTIONS 2953.32 and 2953.61 for information on sealing a record of conviction.

There is no guarantee that your application will be approved and your case sealed. Further, there is no guarantee that the case, once sealed, cannot be re-opened for inspection (refer to the appendix and the other sections of the Ohio Revised Code).

Sealing a not-guilty or dismissed record

If you were found not guilty to ALL CHARGES in your case, or your case was dismissed, you will need to completely fill out the application form found in this packet (there is no charge). Other than the “no charge” fee, the court process is the same. You will be notified of the hearing date.

Sealing a record of conviction or bond forfeiture

Please read this page carefully. Once you file your application and pay the application fee ($50.00), there is no refund.

If all of the following statements are true, your record may be considered for sealing.

  1. The conviction you are trying to seal is NOT for one of the crimes or categories listed in Ohio Revised Code Section 2953.32(A). Exceptions to sealing or expungement of record [Effective April 4, 2023]
    1. (A) Sections 2953.32, 2953.33, and 2953.34 of the Revised Code do not apply to any of the following:
      1. (1) Convictions under Chapter 4506., 4507., 4510., 4511., or 4549. of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters;
      2. (2) Convictions of a felony offense of violence that is not a sexually oriented offense;
      3. (3) Convictions of a sexually oriented offense when the offender is subject to the requirements of Chapter 2950. of the Revised Code or Chapter 2950. of the Revised Code as it existed prior to January 1, 2008;
      4. (4) Convictions of an offense in circumstances in which the victim of the offense was less than thirteen years of age, except for convictions under section 2919.21 of the Revised Code;
      5. (5) Convictions of a felony of the first or second degree or of more than two felonies of the third degree;
      6. (6) Convictions for a violation of section 2919.25 or 2919.27 of the Revised Code or a conviction for a violation of a municipal ordinance that is substantially similar to either section.
  2. 2) You were convicted of a misdemeanor, and more than one year has passed since your “final discharge” on a first-degree misdemeanor, and six months have passed since your “final discharge” on a minor misdemeanor. Final discharge means completion of jail and all probation requirements, including any period in which a suspended sentence may be reimposed.
  3. 3) There are no fines or costs owed on the case.

The process for Sealing the record

  1. Fill out an application form included in this packet.
  2. File the application with the Clerk of Elyria Municipal Court.
  3. Pay the application fee ($100.00). (Multiple cases may be included in each application).
  4. If you cannot pay the fee, you will need to go to the local public defender/legal aid office and obtain a “Poverty Affidavit” form, and turn it in with your application.
  5. Ask for a time-stamped copy of your application.
  6. You will be notified of the hearing date.
  7. Appear in court for your hearing.
  8. If the application is approved, the court will order your case sealed.

The clerk’s office cannot give you an estimate of the time it will take to seal your record. Once the court approves your application and orders your record sealed, all agencies involved will be notified. The amount of time these agencies need to process a request is beyond the control of the clerk’s office or the court.