Adm. Order Regarding Sealing & Expungement of Appellate Case Dockets & Records

Ohio Court of Appeals·Decided September 4, 2026·No. M-260005·Published

Opinion

[Cite as Adm. Order Regarding Sealing & Expungement of Appellate Case Dockets & Records, 2026- Ohio-3470.]

IN THE COURT OF APPEALS

FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

ADMINISTRATIVE ORDER : M-260005 REGARDING SEALING AND EXPUNGEMENT OF APPELLATE : CASE DOCKETS AND RECORDS :

The court enters this administrative order to set forth the process for addressing appellate records related to cases in which the trial court seals or expunges the trial court record pursuant to R.C. 2953.31 through 2953.34.

Pursuant to the attached opinion, the clerk of courts for the First District Court of Appeals is ordered to seal or expunge the appellate docket 40 days after receiving notification of the trial court’s order to seal or expunge the underlying criminal case.

Further, upon notification of sealing or expungement in a case in which an opinion was issued, this court will issue a redacted version of the opinion, which redacts the defendant’s name to initials. If an opinion or judgment entry is posted on its website or with the Ohio Supreme Court Reporter, the court will replace the original judgment entries or opinions on their website with redacted versions and will provide a redacted copy to the Supreme Court Reporter to replace the original, unredacted version of the opinion.

___________________________ ____________________________ Jennifer Kinsley, Administrative and Marilyn Zayas, Judge Presiding Judge

___________________________ ____________________________ Candace C. Crouse, Judge Ginger S. Bock, Judge

___________________________ ____________________________ Terry Nestor, Judge Richard L. Moore, Judge

To the clerk: Enter upon the journal of the court on 9/4/2026.

[Cite as Adm. Order Regarding Sealing & Expungement of Appellate Case Dockets & Records, 2026-Ohio- 3470.]

IN THE COURT OF APPEALS

FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

ADMINISTRATIVE ORDER : M-260005 REGARDING SEALING AND EXPUNGEMENT OF APPELLATE :

CASE DOCKETS AND RECORDS : OPINION

:

Per Curiam.

{¶1} This opinion addresses what action a court of appeals must take with respect to its records and the appellate docket once it receives notice that a conviction or nonconviction, which was the subject of a prior appeal, has been sealed or expunged by the trial court pursuant to R.C. 2953.32 or 2953.33. We conclude the plain language of the applicable statutes requires us to similarly expunge or seal our records related to the conviction or nonconviction. Further, in those instances where an opinion has been issued, this court will issue a version of the opinion with the defendant’s name redacted to initials to be posted with the Supreme Court Reporter.

I. Introduction

{¶2} 2022 S.B. 288 (“S.B. 288”), effective April 4, 2023, expanded the ability of individuals with criminal convictions to apply to the trial court to have the records of those convictions either sealed or expunged. See R.C. 2953.31 through 2953.34. 2023 H.B. 33 provided a process for expunging records where the defendant was found not guilty, the complaint, indictment or information was dismissed, or a no bill was issued by the grand jury.

Ohio Legislative Service Commission Final Analysis, H.B. 33 available at https://www.legislature.ohio.gov/download?key=21327 (accessed July 15, 2026) [https://perma.cc/Q3ZM-AP47].

{¶3} While sealing and expungement are oftentimes discussed together, the concepts are distinct. “Expungement results in deletion, making all case records ‘permanently irretrievable,’ while sealing simply provides a shield from the public’s gaze.” (Citations omitted.) State v. Aguirre, 2014-Ohio-4603, ¶ 5, fn. 2; State v. J.B., 2026-Ohio-1405, ¶ 11.

{¶4} More specifically, expungement involves the destruction, deletion, or erasure of records so that they are permanently irretrievable. Upon receiving notice of an expungement order, public offices or agencies, except for the Bureau of Criminal Identification and Investigation (“BCI”), must destroy, delete, and erase the records in their possession, ensuring they are permanently irretrievable. R.C. 2953.32(D)(5). The BCI, however, is permitted to maintain a record of the expunged conviction solely for the limited purpose of determining an individual’s qualification or disqualification for employment in law enforcement. Id.

{¶5} Sealing, on the other hand, removes the records from the public’s view and limits the inspection of such sealed records to certain people and certain purposes. R.C. 2953.32(D); R.C. 2953.34(A)(1)-(13) (detailing the persons that can inspect sealed records and for what purposes).

{¶6} R.C. 2953.32 provides the procedure by which an offender may apply to have their convictions sealed or expunged. R.C. 2943.33 delineates the procedure for sealing or expunging official records after a not-guilty finding, dismissal of proceedings, grand jury no bill, or pardon (hereinafter “nonconvictions”).1

1. For ease of discussion, this opinion will refer to not-guilty findings, dismissals of proceedings, grand jury no bills, and pardons collectively as “nonconvictions.”

{¶7} The definition section makes clear that the court that has been empowered to seal and/or expunge records of convictions is the trial court. R.C. 2953.31(A)(14) (“Court” means the court in which a case is pending at the time of a finding of not guilty.).

{¶8} Once a trial court grants an application to seal or expunge a record of conviction or a record of non-conviction, R.C. 2953.34 outlines the effect of such an order of sealing or expungement under R.C. 2953.32 or 2953.33. Once a sealing or expungement order of either a conviction or nonconviction is issued, the court that granted the application is to send notice to the BCI and “any public office or agency that the court knows or has reason to believe may have any record of the case, whether or not it is an official record, that is the subject of the order.” R.C. 2953.34(G) and (H).2 The order to seal or expunge the nonconviction records applies regardless of whether the office receives notice of that order. R.C. 2953.34(H)(3).

{¶9} There are a number of actions the agency or office must take regarding records of the sealed or expunged case. For instance, as to sealed convictions and nonconvictions, the agency or public office must remove the records from public access but may maintain a manual or computerized index for the sealed records. R.C. 2953.34(C) and 2953.34(H)(5). “The index shall contain only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of the sealed records, the word ‘sealed,’ and the name of the person, agency, office, or department that has custody of the sealed records, and shall not contain the name of the crime committed.” R.C. 2953.34(C). For the sealing of nonconvictions, the statute allows for the index to be available to limited groups of people for limited purposes. R.C. 2953.34(H)(5). R.C. 2953.34 also requires law enforcement with investigatory work product related to a sealed or expunged case to close such records to all

2. There are a few offices that are exempted from the requirements to seal the records, but such exemption is typically for a limited purpose. See, e.g., R.C. 2953.34(E) (permitting state auditor or prosecutor to maintain records for the purpose of disqualification from holding public office); R.C. 2953.34(D) (permitting boards of education to maintain sealed records for the purpose of excluding pupils from public schools).

persons not directly employed by the law enforcement agency and to treat it as though those records do not exist and never existed.

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