A criminal record in Ohio can follow you for decades, affecting nearly every aspect of your life. Even a single misdemeanor conviction can create barriers to employment, housing, education, professional licensing, and more. Many Ohioans do not realize that they may be eligible to have their criminal records sealed, effectively giving them a second chance at a clean slate.
Ohio law provides a process called record sealing — commonly referred to as expungement — that allows eligible individuals to have their criminal records hidden from most public background checks. Under Ohio Revised Code (ORC) §2953.32, thousands of Ohioans qualify for record sealing but never take advantage of it, either because they do not know the option exists or because they find the legal process intimidating.
As an Ohio criminal defense attorney, I have guided clients through the record sealing process across Northeast Ohio courts. This guide explains who qualifies for expungement in Ohio, what the process looks like step by step, what it costs, and which offenses can never be sealed.
How a Criminal Record Impacts Your Life
Before diving into the legal details of expungement in Ohio, it helps to understand just how far-reaching the consequences of a criminal record can be. Many people who have completed their sentences and paid their debt to society still face significant obstacles years later.
Employment
Background checks are standard practice for most employers in Ohio. A criminal record can disqualify you from jobs in healthcare, education, finance, government, and many other fields. Even for positions that do not require a background check, a conviction showing up on a simple online search can cost you an opportunity before you ever get to an interview.
Housing
Landlords and property management companies routinely run criminal background checks on rental applicants. A conviction on your record — even a misdemeanor from years ago — can result in a denied application, leaving you with fewer housing options and potentially higher costs.
Education and Professional Licensing
College admissions applications frequently ask about criminal history. Graduate programs, professional certifications, and state licensing boards for occupations such as nursing, teaching, law, and real estate often require background checks and may deny licenses based on past convictions.
Personal Relationships and Community Standing
A criminal record can affect custody disputes, adoption proceedings, volunteer opportunities, and even your standing in your community. The stigma of a conviction can persist long after the legal consequences have been served.
Expungement vs. Record Sealing in Ohio
People often use the terms "expungement" and "record sealing" interchangeably, but they have distinct legal meanings in Ohio.
Expungement technically refers to the complete destruction or erasure of a criminal record, as though the arrest and conviction never happened. True expungement is rare in Ohio and generally only applies in very limited circumstances.
Record sealing is what Ohio law actually provides under ORC §2953.32. When a record is sealed, it is not destroyed. Instead, it is removed from public access. The record still exists in the court system, but it is hidden from standard background checks conducted by employers, landlords, and the general public.
For most practical purposes, however, record sealing achieves the goal that most people are after: removing a conviction from the background checks that employers and landlords run. Once your record is sealed, you can legally answer "no" when asked whether you have a criminal record on most job and housing applications.
Who Is Eligible for Record Sealing in Ohio?
Ohio has expanded eligibility for record sealing over the past several years. As of the most recent updates to the law, the following categories of offenses are generally eligible:
Eligible Offenses
- Most misdemeanors: Including theft, drug possession, disorderly conduct, criminal damaging, and many others
- Many felonies: Ohio now allows sealing of up to two felony convictions (with some exceptions), which is a significant expansion from earlier versions of the law
- Multiple convictions: You can apply to seal up to two felony convictions, up to four misdemeanor convictions, or a combination of up to two felonies and two misdemeanors from the same case
- Dismissed charges and not-guilty findings: If you were arrested but the charges were dropped, dismissed, or you were found not guilty, you can have the arrest record sealed immediately with no waiting period
- Certain fourth- and fifth-degree felony drug offenses: These are often eligible for sealing after the applicable waiting period
Waiting Periods
Even if your offense qualifies for record sealing, you must wait a specified period after completing your entire sentence before you can apply. "Completing your sentence" means finishing all jail time, probation, community service, and paying all fines and restitution.
| Offense Type | Waiting Period |
|---|---|
| Dismissed charges / Not guilty | No waiting period — apply immediately |
| Eligible misdemeanors | 1 year after sentence completion |
| Eligible felonies (F4 and F5) | 3 years after sentence completion |
| Eligible felonies (F3) | 3 years after sentence completion |
| Bail forfeiture (minor misdemeanor) | 1 year after case disposition |
These waiting periods are measured from the date you completed every component of your sentence, not from the date of conviction. If you were placed on two years of probation after your conviction, the clock does not begin until probation ends.
What Cannot Be Sealed in Ohio
Not all offenses are eligible for record sealing, no matter how much time has passed. Ohio law excludes several categories of offenses from the sealing process.
Other Offenses That Cannot Be Sealed
- First- and second-degree felonies: The most serious felony classifications in Ohio are not eligible for sealing
- Violent felony offenses: Convictions involving violence, such as murder, voluntary manslaughter, assault, kidnapping, and robbery
- Sex offenses: Convictions for rape, sexual battery, gross sexual imposition, and other sex-related crimes, including offenses requiring sex offender registration
- Offenses against minors: Crimes involving child victims, including endangering children and certain abuse charges
- Domestic violence: Most domestic violence convictions cannot be sealed in Ohio
- OVI / DUI convictions: As noted above, all OVI convictions are permanently excluded from record sealing
- Certain traffic offenses: Serious traffic crimes, including vehicular homicide and vehicular assault
- Convictions with mandatory prison terms: Offenses that carry mandatory prison sentences are generally ineligible
If you are unsure whether your specific conviction qualifies for record sealing, it is worth consulting with a criminal defense attorney who can review your record and provide a clear answer.
The Record Sealing Process: Step by Step
Filing for record sealing in Ohio involves several steps. While the process is not as complex as a full criminal trial, mistakes in the application can cause delays or result in a denial. Here is what the process looks like from start to finish.
- Obtain Your Criminal Record: Start by requesting a copy of your complete criminal history from the Bureau of Criminal Investigation (BCI). You need this to confirm exactly what is on your record and whether each conviction is eligible for sealing. You will also need records from the specific court where each case was handled.
- Determine Eligibility: Review each conviction on your record against Ohio's eligibility requirements. Confirm that the offense type qualifies, that the waiting period has passed, and that you have no pending charges. An attorney can help identify which records are eligible and develop a strategy if you have multiple convictions.
- Prepare and File the Application: Complete the Application to Seal Record of Conviction form and file it with the court where the original conviction occurred. The application must include your personal information, case numbers, charges, and the conviction dates you are seeking to seal. A filing fee is required at this stage.
- Serve the Prosecutor: After filing, you must serve a copy of your application on the prosecutor's office that handled your original case. The prosecutor then has 30 days to review your application and file any objections.
- Wait for the Hearing Date: The court will schedule a hearing on your application. In some cases, if the prosecutor does not object, the court may grant the sealing without a hearing. However, in many jurisdictions, a hearing is standard.
- Attend the Record Sealing Hearing: At the hearing, the judge will consider whether you are a "first offender" or "eligible offender" under the statute, whether you have been rehabilitated, the nature of the offense, your conduct since the conviction, and any objections from the prosecutor or victims. The judge weighs your interest in having the record sealed against the government's interest in maintaining public records.
- Receive the Court's Decision: If the judge grants the application, a court order is issued directing all agencies to seal the record. If the application is denied, you may be able to re-apply after a waiting period or address the issues the judge identified.
- Verify the Record Is Sealed: After the order is granted, confirm that BCI and all relevant agencies have actually sealed the record. This can take several weeks. It is important to follow up to ensure nothing was missed.
How Long Does the Expungement Process Take?
The timeline for record sealing in Ohio varies depending on the court, the complexity of your record, and whether the prosecutor objects to your application. Here is a general timeline:
| Stage | Typical Timeline |
|---|---|
| Obtaining criminal records (BCI) | 2 - 4 weeks |
| Preparing and filing application | 1 - 2 weeks |
| Prosecutor review period | 30 days |
| Hearing scheduling | 30 - 90 days after filing |
| Record sealed after court order | 2 - 6 weeks |
| Total estimated timeline | 3 - 6 months |
Cases where the prosecutor objects or where there are multiple convictions to seal can take longer. Conversely, dismissed charges with no waiting period can sometimes be sealed within a few weeks if the court processes the application quickly.
Cost of Expungement in Ohio
The costs associated with record sealing in Ohio fall into two categories: court fees and attorney fees.
Court Filing Fees
The standard court filing fee for a record sealing application in Ohio is $50. This fee is paid when you file your application with the court. Some courts may have additional administrative fees. If you can demonstrate financial hardship, courts may waive the filing fee in certain circumstances.
Attorney Fees
While you are not legally required to hire an attorney for record sealing, working with one significantly increases your chances of a successful outcome. Attorney fees for expungement cases in Ohio typically range from $500 to $2,000, depending on several factors:
- The number of convictions you want sealed
- Whether the convictions are in one court or multiple courts across different counties
- Whether the prosecutor is likely to object
- The complexity of your criminal history
When you consider the long-term financial impact of a criminal record on your earning potential, housing options, and career advancement, the cost of record sealing is a sound investment in your future.
Benefits of Record Sealing
The advantages of having your criminal record sealed extend into nearly every area of your life.
- Legally answer "no" on most job applications asking about criminal history
- Pass standard employer background checks
- Qualify for housing that requires background checks
- Apply for professional licenses without the conviction appearing
- Pursue educational opportunities without disclosure
- Regain your sense of personal dignity and move forward without the weight of a past mistake
Employment Opportunities
With a sealed record, you are no longer required to disclose the conviction to most employers. This opens doors that may have been closed to you for years. Studies consistently show that employment is one of the most significant factors in preventing future involvement with the criminal justice system.
Housing Access
A sealed record will not appear on the background checks that landlords and property management companies run. This means you can compete for housing on a level playing field with other applicants.
Peace of Mind
Perhaps the most underappreciated benefit of record sealing is the psychological relief. Many of our clients describe the sealing of their record as a turning point — a moment when they finally felt free from their past and able to fully move forward with their lives.
Frequently Asked Questions About Expungement in Ohio
No. OVI (Operating a Vehicle under the Influence) convictions cannot be expunged or sealed in Ohio under any circumstances. This is true regardless of whether it was a first offense, how long ago it occurred, or how clean your record has been since the conviction. Because OVI convictions are permanent in Ohio, it is critical to fight these charges as aggressively as possible at the time of arrest. If you are currently facing OVI charges, contact our office to discuss your OVI defense options.
The waiting period depends on the type of conviction. For eligible misdemeanors, you must wait 1 year after completing your full sentence, including all probation and payment of fines. For eligible felonies, the waiting period is 3 years after sentence completion. If charges were dismissed or you were found not guilty, there is no waiting period — you can apply to have the arrest record sealed immediately.
The court filing fee for a record sealing application is typically $50. Attorney fees for handling an expungement case generally range from $500 to $2,000, depending on the complexity of the case, the number of records being sealed, and whether the case involves convictions in multiple courts. Some courts may waive the filing fee if you can demonstrate financial hardship. We offer flexible payment plans to make the process accessible.
In everyday conversation, these terms are used interchangeably, but they have different legal meanings. Expungement technically means the record is destroyed entirely. Record sealing means the record still exists but is hidden from public view. Ohio's process under ORC §2953.32 is technically record sealing. Once sealed, the record will not appear on most background checks, and you can legally deny having a criminal record on most applications. However, certain agencies such as law enforcement, the FBI, and some licensing boards can still access sealed records.
Once your record is sealed in Ohio, it will not appear on standard employer or landlord background checks. You can legally answer "no" when asked if you have a criminal record on most job and housing applications. However, sealed records remain accessible to law enforcement agencies, the FBI, certain government employers, and specific licensing boards for professions in healthcare, education, childcare, and law enforcement. If you are applying for a position in one of these fields, you may still need to disclose the sealed conviction.
Related Resources
If you are interested in learning more about Ohio criminal law, these resources may be helpful:
- Ohio Criminal Defense — Overview of Our Practice
- OVI Defense in Ohio — Why fighting OVI charges matters, since OVI convictions cannot be sealed
- First-Time OVI in Ohio: What to Expect — Penalties, defenses, and what to do after arrest
Get a Free Record Sealing Consultation
If you have a criminal record in Ohio that is holding you back from the life you want, you may be eligible to have it sealed. Every day you wait is another day that a past mistake continues to limit your employment opportunities, housing options, and peace of mind.
At TMiller Law, we provide a straightforward evaluation of your record to determine exactly which convictions are eligible for sealing. We handle the entire process from start to finish — from pulling your criminal history and preparing the application to representing you at the hearing.
Call (330) 299-5475 or email Max@TMiller-Law.com for a free, confidential consultation. We serve clients across Northeast Ohio, including Akron, Canton, Cleveland, and all surrounding communities.