A criminal record can follow you long after you have served your sentence, paid your fines, and genuinely moved on with your life. It can affect employment opportunities—many employers routinely reject applicants with criminal records. It can block housing applications—landlords perform background checks and often deny housing to people with convictions. It can prevent professional licensing in fields like teaching, nursing, social work, and trades. It can impact custody decisions in family court. It can even affect educational opportunities.
Ohio has recognized this reality, and recent changes to the state's expungement and record-sealing laws have significantly expanded eligibility and opened the door for many more people to seek a fresh start. Understanding these changes is important if you have a criminal record—you may qualify for relief even if you did not think you did.
What Is Expungement in Ohio?
In Ohio, the term "expungement" is often used interchangeably with "record sealing," though technically Ohio's statute provides for sealing rather than destruction of records. When your record is sealed under Ohio Revised Code 2953.32, your conviction is removed from public background check databases. When someone (like an employer or landlord) runs a standard background check, your sealed record will not appear. Sealed records are not accessible to most employers, landlords, or members of the general public.
However, important exceptions exist. Law enforcement can still access sealed records under certain circumstances. Prosecutors can access them for charging purposes. Courts can access them for sentencing purposes in future cases. Certain licensing agencies—particularly those in sensitive fields like healthcare and childcare—can sometimes access sealed records. But for practical purposes, once your record is sealed, it is removed from public view and will not show up in standard background checks.
Recent Expansions of Eligibility
Ohio has significantly broadened expungement eligibility in recent years through legislative changes:
- Number of eligible convictions increased. You can now apply to seal up to two felony convictions, four misdemeanor convictions, or a combination of two felonies and four misdemeanors. Previously, the limits were much more restrictive.
- Certain fourth- and fifth-degree felonies are now eligible. Many non-violent felonies that were previously ineligible—including certain drug offenses, property crimes, and other offenses—can now be sealed.
- Waiting periods reduced. For eligible misdemeanors, the waiting period is one year after completing your sentence. For eligible felonies, the waiting period is typically three years after completing your sentence and all supervision requirements.
- Additional offenses now eligible. Some offenses that were categorically excluded in the past—including certain theft offenses and minor drug charges—are now eligible for sealing.
What Cannot Be Expunged
Not all convictions are eligible for sealing in Ohio. The following categories remain ineligible:
- First- and second-degree felonies (with limited exceptions)
- Convictions involving violence against a minor
- Most sex offenses that require registration on the sex offender registry
- Offenses involving a mandatory prison term
- Many domestic violence convictions
- OVI/DUI convictions are specifically excluded under Ohio Revised Code 2953.36 and generally cannot be expunged. However, if your OVI charge was dismissed or you were acquitted, those can be sealed.
Not guilty findings, dismissed charges, and cases where no bill was returned by a grand jury can generally be sealed regardless of the offense type. These do not require you to meet waiting periods or other restrictions.
The Expungement Process
Filing for expungement in Ohio involves several steps. You must file an application with the court that handled your original case. You will need to provide your case number, the charges you want to expunge, and documentation showing you have completed your sentence and any supervision (probation, parole, etc.).
You must pay the filing fee, which typically ranges from $50 to $150 depending on the court. Some courts waive fees for indigent people who cannot afford to pay.
After you file, the prosecutor has 30 days to file an objection. If the prosecutor does not object, the judge may grant expungement without a hearing. If the prosecutor objects, a hearing will be scheduled where you and the prosecutor present arguments to the judge. At the hearing, the judge will consider factors such as your criminal history, the nature of the offense, your rehabilitation efforts, and the interest of the community in maintaining public records.
How a Sealed Record Affects Your Life
Once your record is sealed, you can legally answer "no" when asked on most job applications whether you have been convicted of a crime. Most standard background checks will not reveal the sealed conviction. However, transparency is still important in certain contexts. Some professional licensing applications, background checks for jobs in sensitive fields, and questions asked under oath may require disclosure of sealed convictions. For housing applications, most landlords will not see sealed convictions on standard background checks. For professional licensing (nursing, teaching, law), the licensing board may ask about sealed convictions—consult with an attorney about specific situations.
Why Legal Representation Matters
Having an attorney handle your application ensures that all paperwork is properly completed, deadlines are met, and your case is presented effectively to the court. If the prosecutor objects, an attorney can argue on your behalf at the hearing and present evidence of your rehabilitation—employment records, character letters, treatment completion certificates. An attorney who knows the specific judge and local prosecutor's office can make a significant difference. Errors in the application or missing documentation can delay or derail the process entirely.
Tip for Anyone with a Record
Even if you were told years ago that your record could not be expunged, Ohio law has changed. Many more people qualify now. It is worth having an attorney re-evaluate your eligibility. See our case results for examples of successful expungements.
If you believe your record may be eligible for sealing under Ohio's updated laws, Jwayyed Law LLC can evaluate your case, determine your eligibility, and guide you through the entire expungement process. Call (614) 285-5482 or schedule a free consultation today. We serve all Ohio counties for expungement petitions.
This article is for informational purposes only and does not constitute legal advice. For legal counsel regarding your specific situation, contact Jwayyed Law, LLC.
