October is Youth Justice Action Month (YJAM) – a time to shine a light on youth justice issues, advocate for better policies, and celebrate progress for youth impacted by juvenile- and criminal-legal systems. This year, the nationwide theme for YJAM is “United for Action – A Call for Unity.” The theme resonates with us because we know it takes community-wide efforts to move the needle for youth, toward justice.
YJAM is important to me because I see the impact of the legal system on the youth represent everyday. As an attorney at Children’s Law Center (CLC), I often represent “transition age youth,” age 18-24, who are either homeless or at risk of homelessness, and who have had contact with the juvenile- or criminal-legal systems. As a result, my Ohio-based clients are typically legally restricted from gainful employment, safe housing, and educational opportunities – the exact resources they need to move into adulthood successfully. These roadblocks make it impossible for some youth to break the cycle of homelessness and poverty.
One way we mitigate these barriers is by helping the young person apply for record sealing and/or expungement, giving them a chance to build a safe, healthy, bright future.
Here are some things you should know about record sealing and expungement in Ohio:
The terms “record sealing” and “expungement” are often used interchangeably but they are different under Ohio law. Record sealing is restricting access to the record for most agencies and background checks. Record expungement permanently erases the records, making them irretrievable.
Juvenile records do not “go away” after a certain age, and juvenile records can sometimes come up on background checks. An individual must apply to have the juvenile records sealed and/or expunged. In Ohio, people can apply for both record sealing and expungement of juvenile records at the same time.
If only sealing of the juvenile records is granted, the juvenile court will expunge the records 5 years after they are sealed or when the person turns 23 years old –whichever happens first.
For adult records in Ohio, individuals must determine if 1) the records are eligible offenses for sealing and/or expungement and 2) the applicant has satisfied the requisite waiting periods. A description of ineligible offenses can be found here.
Many people carry their adjudications or convictions for decades and struggle to find meaningful employment, safe housing, and other measures of stability the entire time. Raising awareness around record sealing and expungement for both juvenile and adult records ensures that people will have the knowledge they need to take care of these barriers earlier, avoiding years of roadblocks. At CLC, we represent clients ages 0-25 and offer full representation for individuals who are interested in getting their records sealed or expunged. If you know someone who can benefit, please have them email us at info@childrenslawky.org or send a message via https://www.childrenslawky.org/contact.
-
Author: Alicia Miller
Alicia Miller joined Children's Law Center in June 2024. Alicia graduated from the University of Cincinnati College of Law in 2014 and began her career as a public defender in Indianapolis, IN. She represented hundreds of indigent clients in this role, allowing her to develop skills in client centered representation and trial advocacy. In 2019, Alicia returned to Cincinnati, Ohio as Ohio Justice & Policy Center's Second Chance Director. She led OJPC's efforts to provide direct legal assistance and policy advocacy to expand the ability of people with criminal records to advance employment, education, safe and affordable housing, and community reintegration. Following her law practice, Alicia served as Executive Director for the Women's Fund of the Greater Cincinnati Foundation. She is a proud member of the Phi Psi Omega Chapter of Alpha Kappa Alpha Sorority, Incorporated and Black Lawyers Association of Cincinnati (BLAC). Alicia lives with her daughter and dog in Cincinnati, Ohio.