Dayton Municipal Court, Ohio Sealing & Redaction Procedures

CRITICAL

When an application to seal an eviction record is granted, the Clerk must redact the entire record from public records, including the electronic case index.

If the Court grants an Application to Seal an eviction case record, the Clerk shall cause the entire eviction case record to be redacted from all public records to the same extent that it would for the sealing of a criminal case record, including the electronic case index system.

CRITICAL

The Clerk must ensure that a sealed case record can be retrieved and unsealed when the Court orders access.

The Clerk shall ensure that the record of the case can be retrieved and unsealed if the Court orders access to the sealed record.

CRITICAL

The motion to unseal with its affidavit and the ruling entry must be filed under seal.

The Motion to Unseal Court Record with Affidavit and the Entry Ruling on the Motion to Unseal Court Record shall be filed under seal.

CRITICAL

The Clerk shall retain both the sealed electronic record and physical file, should one exist, in accordance with its record retention policy.

The Clerk shall retain both the sealed electronic record and physical file, should one exist, in accordance with its record retention policy.

WARNING

A renewed application to seal a denied eviction record may be filed, but requires good cause to be granted.

Once an Application to Seal an eviction record is denied, another Application to Seal may be filed but it will not be granted unless good cause is shown.

WARNING

Certain closed eviction cases may be sealed 60 days after the final decision on the eviction cause if one of the stated dismissal, tenant-judgment, and satisfaction conditions applies.

The following Closed Cases may be sealed sixty (60) days after the date of the Final Decision on the First Cause for Eviction: (1) Only first cause for eviction was filed, and the first cause for eviction was dismissed or judgment was entered for the Tenant/Defendant; or (2) Court dismissed the first cause for eviction or entered judgment for the Tenant/Defendant, and any second cause for rent or damages, plus court costs, has been satisfied or dismissed; or (3) Landlord/Plaintiff dismissed the first cause for eviction before adjudication of that claim, and any second cause for rent or damages, plus court costs, has been satisfied or dismissed.

WARNING

The Court may seal an eviction record when the interests of justice outweigh public access, and sealing remains within the Court’s discretion after examination of the grounds.

Sup.R. 45 provides that a court may restrict public access to a court record when it finds by clear and convincing evidence that the presumption of public access is outweighed by a higher interest. Therefore, the Court has the authority to order the Dayton Municipal Clerk of Court (“Clerk”) to seal an eviction record when the interests of justice outweigh the duty to provide public access. The Court shall examine the grounds for sealing each eviction record and may deny sealing a record when criminal activity, such as a violent offense or drug offense, led to the eviction. Whether an eviction record is sealed is up to the discretion of the Court.

WARNING

A closed case with a landlord judgment may be sealed six months after the final decision if rent or damages and costs are satisfied or dismissed and the applicant has had no other Dayton Municipal Court eviction judgment in the past three years.

The following Closed Cases may be sealed six (6) months after the date of the Court’s Final Decision on the First Cause for Eviction: Eviction Judgment for Landlord/Plaintiff and Rent/Damages Satisfied The Landlord/Plaintiff prevailed on the merits and was awarded judgment on the first cause for eviction and any second cause for rent or damages, plus court costs, has been satisfied or dismissed, plus the Applicant has not had another eviction judgment against them in the Dayton Municipal Court within the past three (3) years.

WARNING

An eviction case may be sealed only after a final decision and closure of every cause requiring a court determination.

Closed Cases that have a Final Decision by the Court are eligible to be sealed. An Eviction Case consists of a First Cause for Eviction and may have a Second Cause for Rent or Damages. The entire Case must be closed before it can be sealed. Closed means there is no pending First Cause for Eviction or Second Cause for Rent/Damages still open that needs to be determined by the Court.

WARNING

An eviction case cannot be considered for sealing while objections or appeals are pending, but may be considered after a final decision on them.

Eviction Cases are also not eligible to be sealed while objections or appeals are pending. These cases can be considered after the Final Decision on the objections and/or appeals.

INFO

Upon the filing of a Motion, access to the sealed eviction record may be provided to government officials as required by law.

Upon the filing of a Motion, access to the sealed eviction record may be provided to government officials as required by law.