Understanding Ohio Expungement vs. Record Sealing: Who Qualifies?

Having a criminal record in Ohio often brings lasting consequences. Job applications, housing opportunities, and even educational goals may feel limited because of something in your past. Many people wonder about the difference between Ohio expungement and record sealing and who qualifies.

Record relief requires careful attention to the details of your past case and the laws that apply. Ohio law gives people two main options for criminal record relief: expungement and record sealing. Each has different requirements, outcomes, and long-term effects. These cases involve strict eligibility rules, detailed filings, and court hearings. Thus, you must work with a knowledgeable criminal defense attorney to improve your odds of success.

If you’re ready to move forward, you should contact an attorney near you for a free consultation.

Key Takeaways About Ohio Expungements and Record Sealing

• Ohio offers two primary forms of criminal record relief: expungement and record sealing, with different eligibility requirements and outcomes
• Expungement completely destroys the record, while sealing restricts public access but maintains the record for certain agencies
• Eligibility depends on the type of offense, time elapsed since conviction, and your criminal history

What’s the Difference Between Expungement and Record Sealing in Ohio?

Many people use “expungement” and “record sealing” as if they mean the same thing, but Ohio law treats them very differently.

Understanding Ohio’s 2018 Legal Changes

In 2018, Ohio lawmakers broadened eligibility for both expungement and record sealing. The changes allowed more misdemeanor and low-level felony convictions to qualify, giving more people access to relief. However, lawmakers also reinforced restrictions on serious offenses like violent crimes and sex-related charges.

Expungement: Complete Record Destruction

Expungement means the court permanently removes and destroys all records of your case. After a successful expungement, the conviction disappears from both public and government records. Employers, landlords, and even most state agencies can’t access it.

Record Sealing: Limited Access Restriction

Record sealing doesn’t destroy the record. Instead, it limits who can view it. Employers and the general public lose access, but certain government agencies, law enforcement, and courts may still review the sealed record if needed.

Which Option Provides Better Protection?

Expungement offers the strongest form of relief because it erases the record. Record sealing gives meaningful privacy and shields you from most background checks, but it doesn’t wipe the record from government systems. The better option depends on your eligibility and long-term goals.

Who Qualifies for Expungement Under Ohio Law?

Not every conviction qualifies for expungement. Courts look closely at the type of offense, your record, and how much time has passed.

Eligible Misdemeanor Offenses

Most misdemeanors, like petty theft, disorderly conduct, trespassing, or certain drug possession charges, may qualify. Judges often consider the specific facts of the case. For example, a young adult caught with a small amount of marijuana might qualify, while someone convicted of a domestic violence-related misdemeanor would not.

Applicants must also show they’ve completed every part of their sentence, including community service or treatment programs, before applying.

Qualifying Felony Classifications

Only certain lower-level felonies, like fifth- or fourth-degree theft, forgery, or non-violent drug possession, may qualify. Higher-level felonies, especially those involving violence, weapons, or serious injury, do not. For instance, a fourth-degree felony theft conviction may qualify after three years, but a second-degree felony assault will remain permanently ineligible. Courts weigh these factors heavily to maintain public safety.

Required Waiting Periods by Offense Type

Ohio law sets waiting periods before applying:

• One year after completing a misdemeanor sentence
• Three years after completing a qualifying fourth- or fifth-degree felony sentence
• More time for applicants with multiple convictions or separate cases

Waiting periods serve as a way to show rehabilitation. Courts want to see evidence that you’ve avoided new criminal activity during that time.

Automatic Disqualifiers Under Ohio Revised Code

Crimes like murder, rape, sexual battery, child pornography, and crimes against minors never qualify for expungement. DUI/OVI convictions also remain permanently ineligible. These restrictions apply even if decades have passed since the conviction.

What Are the Specific Requirements for Record Sealing?

Record sealing covers more situations than expungement but still has limits.

First-Time Offender Provisions

Ohio law originally required someone to be a first-time offender to seal a record. That rule has eased over time, and now multiple convictions may qualify if they meet certain limits. Still, courts review each application closely. For example, a person with two minor theft misdemeanors from the same incident may qualify, but someone with multiple unrelated felonies may not.

Multiple Conviction Scenarios

Courts look at whether convictions occurred in one case or across several years. Multiple charges from the same event may count as one conviction. For example, if someone was arrested for both petty theft and possession of marijuana during the same incident, those convictions might be treated as a single case for sealing. But if convictions happened years apart, the court may view them differently.

Traffic Offense Exclusions

Traffic-related convictions, including DUI/OVI, remain ineligible for sealing. Even if you qualify for sealing of another misdemeanor, traffic offenses won’t be sealed with them. For example, someone convicted of shoplifting could apply for sealing after a year, but a DUI on their record would remain permanently visible.

Juvenile vs. Adult Record Distinctions

Juvenile records often follow different rules. Many juvenile offenses can be sealed or expunged once the person turns 18 or after a waiting period. Judges may also consider whether the offense involved violence or weapons. Juvenile relief aims to give young people a chance to move forward without the burden of lifelong records.

How Does Your Criminal History Affect Eligibility?

Courts don’t just review the offense in question. They consider your entire criminal history when deciding.

Impact of Prior Convictions

Having multiple convictions or a long history reduces your chances. A judge may deny relief if your record shows repeated criminal activity, even if the conviction you want sealed or expunged would otherwise qualify.

Multiple Case Considerations

If you have convictions in different counties, each court handles its own records. This often requires separate applications. For example, someone with one misdemeanor conviction in Hamilton County and another in Franklin County must apply in both counties.

Pending Charges as Disqualifiers

If you have any open charges, your request will almost always be denied. Courts want to see that all cases have been resolved before considering relief.

Violation History Requirements

Probation or parole violations, or unpaid fines, can block eligibility. Judges want proof that you’ve completed all requirements before clearing your record. Applicants often need receipts for fines, proof of completed community service, or letters from probation officers confirming compliance.

What Offenses Cannot Be Expunged or Sealed in Ohio?

Some convictions never qualify, no matter how much time has passed.

Violent Crimes Permanently Excluded

Murder, voluntary manslaughter, and kidnapping remain permanently ineligible. These crimes are considered too serious for relief.

Sex Offense Restrictions

Any sex-related conviction involving children, as well as rape or sexual battery, never qualifies. The law requires these records to remain accessible.

DUI/OVI Conviction Limitations

Drunk driving convictions, whether misdemeanor or felony, can’t be sealed or expunged. Even if you meet all other requirements, these offenses remain public.

Federal vs. State Charge Differences

Only state-level charges fall under Ohio’s expungement and sealing rules. Federal convictions can’t be sealed or expunged in Ohio because state courts lack the authority.

How Long Must You Wait Before Applying?

The waiting period begins after you’ve completed every part of your sentence, including probation, community service, treatment programs, and fines.

Misdemeanor Waiting Period Requirements

Most misdemeanors require a one-year waiting period. For example, if you were convicted of shoplifting and sentenced to probation and community service, the one-year period starts only after both probation and community service are complete.

Felony Timeframe Calculations

Qualifying felonies usually require three years. If you had two related fourth-degree felonies in the same case, you’d likely need to wait three years after completing all conditions before applying.

When the Clock Starts Ticking

The waiting period starts when the final part of your sentence ends, not at the conviction date. Many applicants mistakenly apply too early, thinking the clock started at sentencing. For example, if you finished probation in December 2022, you must wait until December 2023 for a misdemeanor expungement application.

Early Application Exceptions

Judges rarely approve early applications, but in extraordinary cases, such as a clear hardship tied to employment, they may consider it. Applicants must show strong evidence of why early relief serves justice.

What Is the Legal Process for Obtaining Relief?

The application process requires careful attention to detail, and small mistakes can lead to delays or denials.

Required Court Filings and Documentation

You must file a written application in the court that handled your case. Typical documentation includes:

• Certified copies of your conviction records
• Proof that you completed probation, parole, or community service
• Receipts showing payment of fines and restitution
• Identification documents, such as a driver’s license or state ID
  Missing paperwork often leads to delays, so preparation matters.

Prosecutor Notification Requirements

Courts notify the prosecutor’s office, which reviews your application. The prosecutor may agree, remain neutral, or object. An objection often triggers a hearing, where the prosecutor argues why the conviction shouldn’t be sealed or expunged.

Hearing Process and Expectations

At a hearing, judges often ask about your work history, community involvement, or efforts to improve your life since the conviction. Applicants should be ready to explain how clearing the record helps them move forward. For example, someone may explain that sealing a record allows them to apply for jobs in healthcare or education.

Timeline from Application to Decision

The timeline varies by county. Some courts schedule hearings within weeks, while others take months. On average, the process lasts three to six months. Mistakes in paperwork or objections from prosecutors may extend the timeline further.

How Our Attorneys Can Help

The Farrish Law Firm LPA has represented many Ohio clients seeking expungement and record sealing. Our attorneys provide skilled representation through every stage of the process, offering both legal knowledge and supportive guidance.

Case Evaluation and Eligibility Assessment

We take the time to review your full record, explain which convictions qualify, and prepare you for what to expect. This includes looking at prior cases in different counties and identifying which courts to file in.

Document Preparation and Filing

Our team collects the necessary paperwork, such as certified conviction records and proof of completed sentences. We ensure every detail is included so your application avoids unnecessary delays.

Court Representation and Advocacy

During hearings, we present evidence of your rehabilitation, such as steady employment, volunteer work, or completion of treatment programs. We also respond to prosecutor objections and highlight the positive changes in your life since the conviction.

Post-Relief Guidance and Protection

After relief is granted, our attorneys continue to support you. We advise you on how to answer background check questions honestly while protecting your privacy. We also guide you if an employer or landlord improperly uses a sealed or expunged record against you. Clients often find this aftercare just as valuable as the relief itself.

Frequently Asked Questions About Expungements in OH

Can I expunge multiple convictions from different cases?

Sometimes, yes. Courts may allow expungement of multiple convictions if they’re minor and unrelated to serious offenses. However, eligibility depends on the number and type of convictions.

Will employers still be able to see my sealed records?

No, most employers won’t see sealed records during standard background checks. Certain government agencies, schools, and law enforcement may still access them.

How much does the expungement process cost in Ohio?

Filing fees usually range from $50 to $100 per case. Attorney fees vary depending on the complexity of your record and the number of applications.

Let Our Expungement Attorneys in Ohio Help

A criminal record doesn’t have to define your future. At Farrish Law Firm LPA, we focus on helping people rebuild opportunities through expungement and record sealing. Our attorneys have the experience and resources to guide you through the process from start to finish.

Early action often improves your chances of success, so don’t wait. Contact us today for a free consultation and take the first step toward a new beginning.