Q: How can I seal my record? How can a dismissed charge show up on a background check?
I received an underage in October of 2017 and a possession of marijuana charge. I had court in Jan 2018 and the drug charge was dropped and I plead guilty to a misdemeanor disorderly conduct. I just got a background check done from Checkr for a delivery application and I noticed that in the report it says I have a misdemeanor possession of drugs charge in addition to the disorderly conduct I plead down to. How can this be? How can I seal my record?
A:
All arrests/charges/convictions will show up on a background search. You should contact the court in which you were charged to ask about their application for record sealing. Most of the time for misdemeanor cases in Ohio, it costs $50 to seal a conviction and free to seal a dismissal. You must complete an application, qualify under the statute, and then wait for a hearing date, usually 6-8 weeks. Sometimes you must appear for the hearing, sometimes your appearance is not required.
Calling the court is a good place to start, or calling a local criminal defense attorney. Sometimes it makes sense to have an attorney do this for you for convenience. Or, it is completely doable pro se if you want to spend just time and not money, and if you otherwise qualify.
FYI - If the background search is done by a privately owned company, a record sealing may not force that company to remove your record.
A: The records are maintained despite the dismissal. To seal them, you must file an application with the court. You should discuss it with a local attorney.
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