Ohio’s Criminal Code allows for the sealing or expungement of criminal records for offenders who qualify. The petition generally must be filed in the same Court that rendered the conviction.
Records that are sealed are not able to be made public and may not be accessed by any person other than the person who has custody of the sealed official records. Sealed official records may only be made available to the following persons for the following purposes:
(a) To the person who is the subject of the records upon written application, and to any other person named in the application, for any purpose;
(b) To a law enforcement officer who was involved in the case, for use in the officer’s defense of a civil action arising out of the officer’s involvement in that case;
(c) To a prosecuting attorney or the prosecuting attorney’s assistants to determine a defendant’s eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;
(d) To a prosecuting attorney or the prosecuting attorney’s assistants to determine a defendant’s eligibility to enter a pre-trial diversion program under division (E)(2)(b) of section 4301.69 of the Revised Code.
Under Ohio law, “Expungement” means to destroy, delete, and erase a record as appropriate for the record’s physical or electronic form or characteristic so that the record is permanently irretrievable. When any entity other than the bureau of criminal identification and investigation receives notice from a court that the record of a conviction or bail forfeiture has been expunged, the entity shall destroy, delete, and erase the record as appropriate for the record’s physical or electronic form or characteristic so that the record is permanently irretrievable.
Notwithstanding any other provision of the Revised Code to the contrary, when the bureau of criminal identification and investigation receives notice from a court that the record of a conviction or bail forfeiture has been expunged, the bureau shall maintain a record of the expunged conviction, and cannot be compelled to expunge the record, for the limited purpose of determining an individual’s qualification or disqualification for employment in law enforcement. These records may only be disclosed or provided to law enforcement for the limited purpose of determining an individual’s qualification or disqualification for employment in law enforcement.
Before 10/29/2018, Ohio law only allowed a total of two convictions to be sealed from your record. You could have at most one felony and one misdemeanor conviction, or two misdemeanors on your record to be eligible. Only certain convictions involving victims of human trafficking or a juvenile record could be expunged.
Beginning on 3/20/2025, Ohio law has amended ORC 2953.32 to allow up to two felonies of the third degree to be sealed or expunged and there is no limit on how many felonies of the fourth, fifth degree, or misdemeanors can be sealed or expunged. Violent crimes, most sex crimes, or crimes where the victim was 15 years old or younger are disqualifying and traffic violations, including OVIs, though not disqualifying, may not be expunged.
A first degree misdemeanor charge of Domestic Violence is considered a violent crime, however a misdemeanor charge of Domestic Violence of the fourth degree is not. First degree misdemeanor convictions for Assault, Inciting Riot or Inducing Panic are eligible for sealing and expungement.
To be eligible for sealing or expungement, there may be no pending criminal cases and any term of probation, community control, jail or prison sentence must be completed. Any restitution and court fines and cost must be paid in full. Additionally, the Court has discretion to deny any application if it determines the offender has not been rehabilitated to a satisfactory degree. In making the determination, the court may consider all of the following:
(i) The age of the offender;
(ii) The facts and circumstances of the offense;
(iii) The cessation or continuation of criminal behavior;
(iv) The education and employment of the offender;
(v) Any other circumstances that may relate to the offender’s rehabilitation.
There are mandatory waiting periods for when an application may be filed. An application for a minor misdemeanor may be filed 6 months after conviction. In the case of misdemeanors, an application for sealing or expungement may be filed one year after termination of probation, jail sentence, or final discharge. Felonies of the fourth or fifth degree may be sealed one year after final discharge. Felonies of the third degree may be sealed three years after final discharge. There may be longer waiting periods for offenses committed by public servants or eligible sex offenders. Felonies of the third, fourth, or fifth degree may be expunged 10 years after they are eligible for sealing. So for example, a person convicted of a felony of the third degree who receives two years of community control and is successfully discharged would have to wait 15 years from the time they are sentenced to be eligible for expungement.
Please call or message my office for a free consultation to determine your eligibility for expungement and a quote. I have included a list of convictions that are ineligible for expungement. I will need your full name, date of birth, the Ohio Courts you were convicted in, and a summary of your convictions. I can usually look up your charges on a particular Court’s online docket if you are unsure of all of your convictions in that court.
CONVICTIONS THAT CANNOT BE SEALED
Under ORC 2953.36 the following Convictions cannot be sealed:
2903.01 Aggravated murder
2903.02 Murder
2903.03 Voluntary manslaughter
2903.04 Involuntary manslaughter
2903.11 Felonious assault
2903.12 Aggravated assault
2903.13 Assault (*exception: this can be expunged if it is only a first degree misdemeanor) 2903.15 Permitting child abuse
2903.21 Aggravated menacing
2903.211 Menacing by stalking
2903.22 Menacing
2905.01 Kidnapping
2905.02 Abduction
2905.11 Extortion
2907.02 Rape
2907.03 Sexual battery
2907.04 Unlawful sexual contact with a minor
2907.05 Gross sexual imposition
2907.06 Sexual Imposition
2907.07 Importuning (If conviction on or after October 10, 2007)
2907.08 Voyeurism (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.09 Public indecency (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.12 (former) Felonious sexual penetration
2907.21 Compelling prostitution (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.22 Promoting prostitution (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.23 Enticement or solicitation to patronize a prostitute; procurement of a prostitute for another (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.31 Disseminating matter harmful to juveniles (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.311 Displaying matter harmful to juveniles (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.32 Pandering obscenity (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2907.321 Pandering Obscenity Involving a Minor
2907.322 Pandering Sexually Oriented Material Involving a Minor
2907.323 (A)(3) Illegal Use of a Minor in Nudity-oriented Material or Performance
2907.33 Deception to obtain matter harmful to juveniles (If conviction on or after October 10, 2007 and the victim of the offense was under eighteen years of age)
2909.02 Aggravated arson
2909.03 Arson
2909.24 Terrorism
2911.01 Aggravated robbery
2911.02 Robbery
2911.11 Aggravated burglary
2911.12 Burglary (*Division (A)(1), (2), or (3) of section)
2917.01 Inciting to violence (*exception: this can be expunged if it is only a first degree misdemeanor)
2917.02 Aggravated riot
2917.03 Riot (*exception: this can be expunged if it is only a first degree misdemeanor)
2917.31 Inducing panic (*exception: this can be expunged if it is only a first degree misdemeanor)
2919.22 Endangering children (*Division (B)(1), (2), (3), or (4))
2919.25 Domestic violence (*exception: this can be expunged if it is only a fourth degree misdemeanor)
2921.03 Intimidation
2921.04 Intimidation of attorney, victim or witness in criminal case
2921.34 Escape
2923.161 Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function
4510.14 Driving under OVI suspension
4511.19 Operating vehicle under the influence of alcohol or drugs – OVI.
4511.251 Street racing.
4517.19 Motor vehicle wholesaler – prohibited acts.
4549.02 Stopping after accident on public roads or highways.
4549.021 Stopping after accident on other than public roads or highways.
4549.03 Stopping after accident involving damage to realty or personal property attached to real property.
4549.042 Sale or possession of master key designed to fit more than one motor vehicle. 4549.62 Offenses with purpose to conceal or destroy identity.