How Ohio's New Expungement Laws Could Clear Your Record

A criminal record can follow you long after you have served your sentence, paid your fines, and moved on with your life. It can affect employment opportunities, housing applications, professional licensing, and even educational prospects. Ohio has recognized this reality, and recent changes to the state's expungement and record-sealing laws have opened the door for many more people to seek a fresh start.

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 Section 2953.32, your conviction is removed from public background check databases. Sealed records are not accessible to most employers, landlords, or members of the public. However, law enforcement and certain licensing agencies can still access them under limited circumstances.

Recent Expansions of Eligibility

Ohio has significantly broadened expungement eligibility in recent years. Key changes include:

• 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 eligible. Many non-violent felonies that were previously ineligible can now be sealed, including certain drug offenses and property crimes.
• Waiting periods reduced. The mandatory waiting period after completing your sentence has been shortened. For eligible misdemeanors, the waiting period is one year. For eligible felonies, the waiting period is three years.
• 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 requiring registration
• Offenses involving a mandatory prison term
• Certain domestic violence convictions
• OVI/DUI convictions (these are specifically excluded under Ohio law)

It is worth noting that 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.

The Expungement Process

Filing for expungement in Ohio involves several steps. You must file an application with the court that handled your original case, pay the filing fee (typically $50), and provide documentation showing you have completed your sentence and any supervision. The prosecutor has the opportunity to object, and a hearing may be scheduled where the judge considers 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. This can be transformative for individuals who have struggled to find employment, secure housing, or pursue educational opportunities because of a past mistake.

Why Legal Representation Matters

While the expungement process may seem straightforward, 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. Errors in the application or missing documentation can delay or derail the process entirely.

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 process.