Full question:
I was taken by police to the Mental Health wing of a hospital for evaluation in the fall of 2005. I was not accused of any crime. However, I've discovered that a record exists of the incident. It is now more than 3 years since the incident and I would like to remove the records. Is this possible?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Ohio
Answer:
In Ohio, expungement is a legal process that allows individuals to have certain criminal records sealed. However, this process primarily applies to criminal records, not medical or mental health records. Since you were not accused of a crime, your situation may not fall under the expungement laws.
Records related to mental health evaluations are protected by confidentiality laws. In Ohio, these records can only be disclosed under specific circumstances, such as with the individual's consent or through a court order (Ohio Rev. Code § 5122.31). Therefore, to remove or gain access to your records, you would typically need to request them through the appropriate agency and may need to provide identification.
It's important to note that even if you can access your records, removing them entirely could be challenging due to the confidentiality protections in place. For further assistance, consider consulting with a legal professional who specializes in mental health law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.