Sylvania Municipal Court, Ohio Sealing & Redaction Procedures

CRITICAL

If the Court grants a motion to seal an eviction record, the Clerk must redact the tenant’s name from public records and retain records so they can be retrieved and unsealed if ordered.

(H) If the Courts grants a Motion to Seal Eviction Record, the Clerk shall forthwith cause the Tenant’s name to be redacted from all public records it maintains, including the electronic case index system, to the same extent that it would for a criminal sealing of the records (formerly known as expungement). The Clerk shall retain both the electronic record of the action, and the physical file, should one exist, in accordance with its retention policy. The Clerk shall ensure that the record of the case can be retrieved and unsealed, if ordered.

CRITICAL

A defendant may seek to seal an eviction record on one or more listed grounds; if the landlord prevailed on the merits, the form requires extenuating circumstances and the specified five-year conditions.

1) I am asking this Court to seal the eviction record(s) because (check all that apply): o The Court dismissed or entered judgment in my favor on the claim for possession. o The landlord dismissed the claim for possession before the adjudication of that claim. o The landlord agreed, in writing, to seal the record (a copy of that agreement is attached). o The landlord prevailed on the merits on the claim for possession, and all of the following occurred: a. The following extenuating circumstances led to the eviction: ________________________________________________ ________________________________________________ and, b. At least five years have passed since judgement was entered for the landlord; and c. At least five years have passed since I have had an eviction judgment entered against me in any jurisdiction. o Other:_____________________________________________________________

WARNING

The Court may seal an eviction record when the interests of justice outweigh the public and government interests, considering the listed circumstances and limits.

(E) The Court may order the Clerk to seal an eviction record when the interests of justice in sealing the record outweigh the interests of the government and the public in maintaining a public record of the case, including, for example, the following circumstances: 1) The Court dismissed or entered judgment for the tenant/movant on the claim for possession; or 2) The landlord dismissed the claim for possession before adjudication of that claim; or 3) The landlord stipulates, in writing to the Court, to sealing the record, except that sealing of a record solely on the basis of the stipulation by the landlord shall be granted only once in any five-year period; or 4) The landlord prevailed on the merits on the claim for possession, and all of the following occurred: a. extenuating circumstance led to the eviction; b. at least five years have passed since judgment was entered for the landlord and any monetary judgment was paid in full; c. at least five years have passed since the tenant has had an adverse judgment granting an eviction in any jurisdiction.

WARNING

Sealing an eviction record does not authorize a tenant or former tenant to make a false statement about the filing or granting of the eviction.

(I) Sealing of the record of an eviction does not authorize a tenant for former tenant to make a false statement regarding the filing or granting of the eviction.

WARNING

For good cause, the Court may unseal an eviction record on its own motion after notice to the parties.

For good cause, the Court may unseal a record on its own motion, after notice to the parties of the case.

WARNING

Sealing restricts access to the case record without removing it from the docket, subject to specified court personnel and access by motion or for official government business.

(J) Sealing the record restricts access to the case record; it does not remove the record form the Court’s electronic or paper docket. Access to the sealed record shall be limited to the Clerk of court, the Clerk’s designee, the assigned and presiding Judge, and the said Judge’s designee. A party to the original action may file a motion requesting access to the record or case file. The Court may provide access to the record as required by the law enforcement officials, or others conducting official government business.

INFO

When considering a motion to seal an eviction record, the Court may consider all relevant factors, including the listed nonexclusive factors.

(G) The Court may consider all relevant factors when examining a Motion to Seal Eviction Record, which may include, but are not limited to: 1) The disposition of the first cause of action; 2) Whether the sealing of the record is agreed to or disputed by the opposing party; 3) If the landlord received judgment on the first cause of action, the grounds upon which the judgment was granted; 4) Whether the movant has satisfied any money judgment issued in favor of the opposing party in the eviction case; and 5) Any other information relevant to the determination of whether justice requires the sealing of the record.