Understanding how records can be sealed

Originally published on Feb 23, 2020
Joann Sahl AND Russell Nicholls
Herald Star


Eligible offenders convicted of certain types of crimes can ask the court to expunge, or seal, their convictions. If the court seals a conviction, that conviction is no longer in the public record. Courts seal records so that eligible offenders can move on with their lives without the stigma of a criminal conviction.

Qualifying for sealing

An eligible offender is someone who has no more than five felony convictions. An eligible offender may have unlimited misdemeanor convictions. When a court determines if you are eligible for sealing, it will not consider minor misdemeanors and most convictions for possession of marijuana (which is generally a minor misdemeanor). The court also will not consider most minor traffic offenses, but it will consider convictions for OVIs and DUIs.

Most misdemeanors, fourth and fifth-degree felonies, and in some instances a third-degree felony, can be sealed unless a criminal statute specifically states that a particular crime is not eligible.

Though the court will not consider minor traffic offenses when determining if you are an eligible offender, traffic offenses, including OVIs/DUIs, cannot be sealed. Additionally, you cannot seal first- and second-degree felonies, and any felony with a mandatory prison sentence. Finally, almost all crimes of violence, sex crimes and offenses where the victim was under 16 years old cannot be sealed. However, first-degree misdemeanor assault and domestic violence menacing, a fourth-degree misdemeanor, can be sealed in some circumstances.

How to apply for sealing

You may apply for sealing if one year has passed since your sentence ended for a misdemeanor. If you have one felony, you have to wait three years after your felony sentence ends. For two felonies, the waiting period is four years, and for three to five felonies, you must wait five years after your last felony sentence ended. In addition, the waiting period generally does not begin until you pay any restitution you might owe, as well as fines.

Your request for sealing should be filed in the court where you were sentenced. Once you apply, the court will set a hearing date. The probation department will usually investigate your case and prepare a report for the court to use to determine whether you are an eligible offender. The prosecutor may challenge the sealing request by filing an objection before the hearing date.

The court will determine if you have been rehabilitated, and it will weigh your interest in clearing your name against the government’s need to allow public access to your records. The court will review the probation report to see how you have behaved since the conviction. The decision whether to seal your record is up to the judge.

It is important to know that the court will not automatically seal your case if it was dismissed, you were found not guilty or if the grand jury issued a “no bill” and refused to indict you. You must follow the procedure outlined in this article to get records sealed. There is no waiting period to file for sealing a dismissal or a not guilty verdict. A person may apply to have a “no bill” sealed two years after it is filed.

Access to sealed records

In some situations, the law allows certain employers and state agencies to access your sealed record.

Examples include if you want to care for an older adult, work for a children’s services agency, work for a bank or want to work as a police or corrections officer.

If you apply for a state vocational license, the licensing agency also may be able to see your sealed record. In addition, the police may be able to access your sealed record as part of a criminal case or investigation or if you are seeking a concealed carry permit.

People might also be able to find out about your conviction online. There are many private background check companies, as well as news articles, that may have information about your criminal case. Those organizations will not receive notice that your conviction has been sealed. Once the court seals your record, you should try to notify any organization that has a record of your conviction. It is important to remember that potential employers may use these companies to perform pre-employment background checks, and your conviction could still appear on a background check.

How an attorney can help

It can be complicated to determine if you are eligible to have your criminal record sealed. It requires a review of all of your convictions, even those in other states, and the appropriate law. An attorney can look at your criminal record to help you decide if you are eligible to have your record sealed.

(Sahl is the assistant director of the University of Akron Legal Clinic. Nichols is the director of the Expungement Clinic and the Inmate Assistance program at the University of Akron Law School. The column was written as part of the Ohio State Bar Association’s Law You Can Use series.)

Understanding how records can be sealed

Sealing a Criminal Record

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Understanding how records can be sealed

Eric Mayo

Facing a stigma, many ex-convicts in the U.S. struggle to find work

BY ARIANA FREEMAN, JAN CRAWFORD - JANUARY 31, 2023 / 8:13 PM / CBS NEWS

Nearly 80 million Americans, or about one-third of the total U.S. adult population, are living with some kind of criminal record.

For more than 19 million Americans, that conviction has led to a felony on their permanent record. And in states like Virginia, that is a stain some are forced to live with for the rest of their lives.

"Are we giving out the potential for someone to reform their life and change, or are we giving them consequences that will prevent them from ever having a life that they never imagined having?" Melod Teymorian, 35, told CBS News. 

Teymorian was convicted of a felony in 2016 for a non-violent drug offense: possession of a controlled substance. He believes the punishment nowhere near fit the crime. Although he has been sober ever since, he said he has been denied numerous employment opportunities and housing.  

"As if you didn't feel bad enough, and you haven't been trying to destroy your life on your own, let's help you," Teymorian said. 

With a sincere and engaging style, Teymorian said he believed that, after each interview, the job was his. 

"They liked who I was and they thought I was a good fit for the job," Teymorian said. "And despite that, because of this possession, as a result of a drug charge, they couldn't move forward."

As luck would have it, Teymorian met David Engwall, executive director for Recovery Unplugged, a rehabilitation center in Northern Virginia. What every employer before him saw as something negative they could not look past, Engwall looked at as a bonus. 

"You see, with a person like Melod, you know, if given the opportunity, and I know there's plenty of people that are like Melod out there, what they will produce will be incredible. They just need to have the opportunity," Engwall proclaimed. 

Engwall has numerous employees with felonies on their records, and believes the term "felon" has been overly stigmatized. When asked what he would say to people who believe felons deserve to be punished their entire lives, his response was simple. 

"I'd say life is incredibly complex," Engwall said. "It's very hard to know the circumstances that lead a person…to how these felonies happen."

"We're allowing this enormous group of people to just sort of waste away and continue to persist in these same issues of employment and housing and access," Engwall added.   

In 2025, Virginia is slated to re-examine its felony law, and look at whether convicted felons will be allowed to expunge that stain from their records. But as it stands today, they cannot be erased. 

"I'm resilient," Melod said. "And I believe that. And that same resiliency that I had to face before I had the job helped when I had the opportunity. I will solve the problem." 

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Jobs for Felons

Felons should apply for all jobs they qualify for

Felons should apply for all jobs they qualify for

Expungement gives felons a second chance

HELP! I am a 25 year old who is a recovering addict from an auto accident which almost killed me. I am highly educated in Finance/Accounting. I worked on Wall Street and was well paid as an intern. I am now on a three year probation. I was hired at a very good company in NYC before the court recently convicted me. A background check was done at that time and all was clear since I had no convictions. I turned down the job at the time - approximately a year ago. If I were to return to that company who wanted to hire me and make my contacts, would the company once again do another criminal background check? Are there any high paying jobs online I can do from home since I am educated with degrees and talented in my field? Is my life over?

I cannot attend Law School unless these felonies are expunged which is unrealistic. I don't know where to turn, I feel hopeless, I never leave my home.

I would appreciate any help or information you can give me. Thank you, God Bless.

Heartbroken

Felons should apply for all jobs they qualify for

Hello Heartbroken,

I suggest contacting the person you were in contact with before. As I suggest to all ex-offenders and felons looking for jobs is to apply for every job you feel you are qualified for. The worst that could happen is you could be turned down. The way I see it, you will not get a job you don't apply for.

Regarding expungement, many ex-offenders and felons looking for jobs require legal assistance. I suggest contacting your local legal aid office. There you could get low-cost or even no cost advice to help you find out what your options are in your state.  Just as an FYI, even with an expungement, your conviction will always be visible to the court system, law enforcement and government agencies.

I hope this helps.

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Felons should apply for all jobs they qualify for

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Jobs for Felons: They Want Something Better

COURTESY PHOTO | Charles participated in the STEP Forward program, which runs through the McHenry County Workforce Network and is designed to fill local employers’ needs while giving ex-offenders an opportunity for employment. “I’m so grateful for them,” Charles said.

by Susan W. Murray, The Woodstock Independent

Charles, a 41-year-old McHenry County resident, grew up “in a diverse community where there were gangs and drugs.”

By the age of 13, he was caught up in both. At 17, he went to prison for the first time at the Joliet Correctional Facility. He spent 13 years of his life incarcerated.

“There were many instances when I should have been dead,” Charles said. “At one point, I was, almost.”

Upon his last release, he realized how tired he was of the life he had been living.

“I wanted to do better for myself,” he said.

Up against long odds

Minimum wage jobs filled the gaps between prison stretches, but they didn’t add up to a career path. While considering getting a commercial driver’s license, Charles heard about the STEP Forward program – Stateline Transforming Employment Potential.

Launched in 2018, the program grew as a response to the needs of McHenry County employers.

As a business services representative at the McHenry County Workforce Network, which assists job seekers in finding positions, Thomas Faber tries “to find out what local employers need.”

That need, especially as the economy improved after 2010, Faber said, was for “more and more skilled workers.”

In pondering that problem, Faber came to a somewhat surprising solution.

“I don’t think that we’ve considered people who have criminal backgrounds,” he thought.

The FBI’s centralized database lists 70 million people in the United States who have criminal records. That’s nearly 28 million more than have bachelor’s degrees and represents 21 percent of the population.

“We need to be open to the possibility that ex-offenders can be good workers,” Faber said.

Workshops start process 

A board member of the Stateline Society of Human Resource Management, Faber took his idea to other board members, hoping it could address employers’ needs and help ex-offenders.

The board reacted enthusiastically and set up a STEP Forward Steering Committee. Faber and the committee created a five-week series of workshops to be run through the Workforce Network to help ex-offenders plan a return to work, identify a career path, write a résumé, and handle themselves in job interviews, with tips on how to keep a job and advance at a company.

McHenry County College supported the program with pre-apprentice training and then created boot camps – short-term training in various fields, including manufacturing.

Faber recruited volunteer presenters from MCC, local employers, human resource departments, and state and government agencies.

“The first workshop had two participants and six volunteers,” Faber said. “We outnumbered them.”

But the word got out, and soon more participants were signing up for the five-session workshops.

Combining work, training

Faber sits down with each ex-offender who comes to the Workforce Network, including some convicted of armed robbery and murder, but he is comfortable meeting face-to-face.

“A majority of them have gone through a transformation,” Faber said. “They want something better.”

He is less interested in the crimes his interviewees have committed and more “in how transparent they are.”

“If they’re honest, that’s someone I can work with and who an employer can work with,” Faber explained.

After Charles completed his workshop sessions, he identified an interest in CNC – computer numerical control of machine tools. After starting classes on lathe and mill operation through the Technology and Manufacturing Association, Charles heard from Faber about an opportunity to work at Variable Operations Technologies (Vo-Tech, Inc.) in Crystal Lake for 20 hours a week, getting on-the-job training while continuing his education.

Afraid that people would look down on him for his many tattoos and his “vernacular,” Charles dedicated himself to being on time, paying attention to detail, and being a hardworking employee. He “always had a strong work ethic,” he said, even when he was involved in the drug trade.

“This time, putting my best foot forward led me in the right direction,” he said.

When Charles finished his classes, he was hired full time as a CNC technician at Vo-Tech.

The job came with a steady income, insurance, vacation time, and a gym where employees may work out. During the pandemic, Vo-Tech’s production of computer-automated machining systems for the nuclear, healthcare, agriculture, and food industries meant that he was considered an essential employee.

“That was a great feeling,” he said. “I take pride in going to work every day.”

Creating believers

Adam Furman, Vo-Tech’s operations manager, said that four of his company’s 24 employees have come from the STEP Forward program.

His sister and fellow Vo-Tech employee, Jennifer Chrachol, first heard of the program. She learned that companies that hire and train someone from STEP Forward are eligible for cost reimbursement and subsidies for the person’s salary.

While acknowledging the financial pluses of the program, Furman said he would advise other companies not to sign on “just to benefit from the program.”

“Hiring people is always a risk,” Furman said, and he praised Faber for the job he does to screen people before recommending them to a local employer.

“These people are hungry to learn, to get a job, and to start a new direction in their lives,” Furman said. “It’s hard to find that sort of person, even without a criminal background.”

Furman makes it a point to go out on the floor and talk with his employees each day before heading to his office.

“You have to get to know the people and build a relationship with them to create trust,” Furman said. “We’re trying to be that company that gives people a second chance.”

Plaudits and plans

Faber said he resisted the urge to judge the STEP Forward’s success by “looking at the numbers.”

“I value the good fit and the retention,” he said.

He also does not measure how long it takes the workshops’ participants to get a job.

“All are individuals, and some are more ready than others,” he said.

This year, STEP Forward received the Pinnacle Award from the national HR society in Washington, D.C., in recognition of the initiative’s positive impact on the local HR and business communities.

Since receiving the award, Faber has heard from HR society chapters in Rockford and Springfield that want to replicate the model.

STEP Forward recently wrapped up its fall workshops – held via Zoom – with three participants who have career dreams as diverse as robotic systems engineer, a paralegal, and nursing.

The emphasis is to “think bigger,” Faber said.

“Ex-offenders will have better success if they resist taking just anything and look for the job that’s the right fit,” he said.

Faber plans a second employer workshop for next summer to encourage local businesses to hire STEP Forward participants, familiarizing business owners with the tax credits, grants, and other funding available and having attorneys on hand to talk about legal issues.

This year, Charles received an individual achievement award from the Illinois Workforce Partnership for overcoming barriers and getting back to work. He will soon start a TMA apprenticeship to be a certified CNC machinist and has been inspired to create TikTok videos, such as “Top Jobs for Ex-Felons in 2021,” in an effort to reduce recidivism.

“I want to be a man of value,” Charles said, “a man who has knowledge in his industry and can make his company better.”

Jobs for Felons: The Facts about Companies that Hire Ex offenders and Felons

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Eric Mayo

Felon hoping a pardon will help get jobs

Dear Mr. Mayo,

I enjoyed the new clip of those 13 in Illinois that have taken the next set with working towards showing society that people can change.  I am in the process of working towards writing a pardon letter to the governor of North Carolina.  For a long time I thought that I was not able to vote cause of my felony and in the last few days that I found out that I'm able to vote even as an ex-felon.  Which made me happy.  But the deli ma that I'm running into regularly is my background for employment.  Even though my Felony is over 16years old I'm still faced with the statement of felon.  I have put it on application no to the ones that have stipulated a year limitation of 5, 7, or 10 years; those that have no limitation  I have to answer yes too.

When I have applied for Government and State jobs even Hospitals and Security jobs. For example I applied to a Security Company in Virginia and I was told by the officer that interview me that if it was up to him it would not matter that I had a felon cause it was 16years ago.  But the company that they were contracting for didn't want any of there candidates to have a record period.  Yet I have not heard anything back from that company for any work at all.  Or when I have applied for a Government contract company CGI they set a formal letter to me stating that due to my background I was not selected.  Even when I
applied for UPS when I was asked that question face to face; I was told by the interview that if it was up to her she would overlook my background but it would be in my best interest to not so willfully give out that information when she herself was only the middle man and someone over her would be the one to make the decision of yes or no.  It makes me feel like my application is just thrown in the trash.   I downloaded your book and the steps were very helpful.  When it came to finding work, which I did but trying to find something better than minimum wage is like a needle in a hay stack.

Currently I will be re-enrolling back in to school online for my Associates Degree in Health Information Technician (Medical Billing and Encoding).  With a degree I think that I would have a better chance as far as the skill the employer could be looking for.  The one thing that hangs over my head is the background check.  I think this Pardon will at least allow me a better chance of being employed with the Government and State level.  With documentation of the Pardon they would at least have to give me a fighting chance.  Which is something that I'm not finding even here in the Washington, DC Maryland area.

I would greatly appreciate any advice that you might have or some suggestions that you could provide to me in the pursuit of my pardon.

This is something new to me and I would like to make sure that I'm taking the right steps in this matter.

Thank you for your time.

Sincerely,

Ms. Tracie

Felon hoping a pardon will help get jobs

Hello Ms. Tracie,

Even though you are pursuing a pardon, don't abandon your job search.  You should stay on your plan.  Bear in mind, no matter how old your conviction is, it will always be visible to the court system, law enforcement and government agencies.  This may the reason you are having trouble obtaining a government opportunity or getting a job with a company with a government contract.

I first suggest contacting your local United Way office.  The United Way supports may social service agencies, some of which assist ex-offenders and felons.  As I stated in my book (From Jail to a Job,) one of the most underutilized resources in many of our communities is the local One-stop Career Center.  The center has resources that can help ex-offenders and felons get jobs.  You can get help preparing a resume, find a list of open positions in your area and even assistance finding and paying for career training.  You can even get information on getting a federal bond that could help you get hired.  There are also counselors that provide one-on-one assistance.  Many counselors have experience working with ex-offenders and felons.

You can find your nearest One-stop Career here:

www.servicelocator.org
 
The best information that I give all ex-offenders and felons looking for jobs is to apply for every job they are qualified for.

I hope this helps.

Where can ex-offenders and convicted felons find jobs  

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 Felon hoping a pardon will help get jobs