The Law Offices of Saia & Piatt, Inc.
  • Columbus
    614-444-3036
  • Mayfield Heights
    440-646-1881
  • Delaware
    740-362-4772
  • Mt. Gilead
    419-946-7876
View Our Practice Areas

STATUTE OF LIMITATIONS MAY NOT BE A LIMITATION TO SEALING RECORD

On September 27, 2017, the Supreme Court settled a conflict between the Eighth District Court of Appeals and the Fifth District Court Appeals regarding when an individual can apply to have dismissed criminal charges expunged from their record.

In State v. Dye, 2017-Ohio-7823, the question the Court was asked to answer is whether or not an individual whose charges have been dismissed without prejudice must wait for the relevant statute of limitations to expire before filing to have the case sealed. This issue often arises when an individual is charged with a felony that is later "dismissed for future indictment" or dismissed at the motion of State. This technically means that, the State could re-file the charges at a later time. The State argued in Dye that an individual could not file to have the dismissal sealed until the statute of limitations ran on the initial charges. Following this reasoning, in cases of murder, kidnapping, sex crimes, arson and robbery, an individual would have to wait 20 years before he could file to have his record sealed, even though the charges were dismissed. The wait would be 25 years in cases of rape and sexual battery.

Thankfully for those defendants whose charges have been dismissed by the State, the Court found that, "a trial court may seal the records in a case dismissed without prejudice before the statute of limitations has expired." The only exception to this rule is the sealing of records consisting of DNA specimens and DNA records and profiles, which may not be sealed until the statute of limitations has run.

If you are interested in talking to an attorney about having any prior criminal convictions or dismissals sealed, give us a call or visit our criminal law website at www.splaws.com/Criminal-Defense/. You may only be a court hearing away from having your past cleared up and your future unencumbered by previous legal problems.

No Comments

Leave a comment
Comment Information

A Nationally Recognized Law Firm

Email Us For A Response

Start Fighting Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Columbus Office
713 South Front Street
Columbus, OH 43206

Toll Free: 888-444-3036
Phone: 614-444-3036
Map & Directions

Mayfield Heights Office
1392 SOM Center Road
Mayfield Heights, OH 44124

Phone: 440-646-1881
Fax: 440-443-1969
Map & Directions

Delaware Office
98 North Union Street
Delaware, OH 43015

Phone: 740-362-4772
Fax: 740-362-4802
Map & Directions

Mt. Gilead Office
19 East High Street
Mt. Gilead, OH 43338

Phone: 419-946-7876
Fax: 419-947-8595
Map & Directions

Review Us
Call Today For A Free Case Evaluation :
614-444-3036 or 888-684-6446 (888OVIOHIO)