In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In Ohio, criminal records, which include arrests, convictions, and other proceedings, are generally public. However, Ohio law does provide mechanisms for expungement (also known as sealing) under certain conditions. Expungement in Ohio allows for the legal concealment of certain criminal records from the general public, although they may still be accessible to government entities. Ohio Revised Code Section 2953 outlines the eligibility criteria for expungement, which typically includes a waiting period after the completion of a sentence, a limit on the number of convictions, and the nature of the offense. Some records, such as juvenile records, are not typically available to the public. Additionally, judges in Ohio have the discretion to seal records or close hearings to protect sensitive information, victims, witnesses, ongoing investigations, or national security. Federal judges have limited authority to seal criminal records, and such actions are relatively rare. The specific circumstances under which records may be sealed vary by state, and the relevant statutes can be found within each state's legal code.