A criminal record can affect many areas of life, including employment, housing, and professional opportunities. In Ohio, some individuals may be able to clear or limit access to past criminal cases through record sealing or expungement.
While these two processes are often discussed together, they are not the same. Understanding the difference—and whether you may qualify—can help you determine your next steps.
Record Sealing vs. Expungement in Ohio
Although the terms are sometimes used interchangeably, record sealing and expungement are different legal processes under Ohio law.
Record Sealing
Record sealing removes a case from public view. Once a record is sealed, it will generally not appear in background checks conducted by employers, landlords, or the general public.
However, the record still exists and may still be accessible to courts, law enforcement, and certain government agencies. Because it is more widely available, record sealing is the most common way individuals clear their criminal record in Ohio.
Expungement
Expungement goes a step further. When a record is expunged, the court orders the permanent destruction of the case records, meaning the case is treated as if it never occurred. Expungement is available in fewer situations than record sealing and typically requires stricter eligibility requirements.
The Ohio Judicial Branch provides additional information about record sealing and expungement through its Adult Rights Restoration guide, which explains the eligibility requirements and legal procedures under Ohio law.
What Is an “Eligible Offender” in Ohio?
To apply for record sealing, a person must generally qualify as an eligible offender under Ohio law.
An eligible offender typically means someone with a limited number of convictions. For example, this may include individuals who have:
- One or more minor misdemeanor convictions
- One misdemeanor conviction
- Up to two misdemeanor convictions
- One felony and one misdemeanor conviction
- Up to two felony convictions (fourth- or fifth-degree felonies)
The court will review a person’s entire criminal history when determining eligibility. In some situations, offenses that occurred close together in time or as part of the same incident may be considered together.
Offenses That Cannot Be Sealed
Not every criminal record is eligible for sealing. Ohio law prohibits record sealing for certain types of offenses.
Examples of cases that generally cannot be sealed include:
- First- or second-degree felony convictions
- Most violent offenses
- Domestic violence convictions
- Sex offenses or sexually oriented offenses
- Most traffic cases, including OVI (Operating a Vehicle Impaired)
Because eligibility rules can be complex, it is often helpful to review the details of your case with an attorney before filing an application.
Waiting Periods for Record Sealing
Before filing an application for record sealing, individuals must usually wait until their case is fully resolved. This point is called “final discharge,” meaning all jail time, probation, and financial obligations have been completed.
Common waiting periods include:
- Minor misdemeanor convictions: about 6 months after final discharge
- Most misdemeanor convictions: about 1 year after final discharge
- Fourth- or fifth-degree felony convictions: about 1 year after final discharge
- Certain third-degree felonies: about 3 years after final discharge
Cases that ended in a dismissal or not guilty verdict may be eligible for sealing sooner.
Who May Qualify for Expungement in Ohio
Expungement is more limited than record sealing. In many cases, expungement is only available to individuals who:
- Are first-time offenders
- Have no pending criminal cases
- Wait the required period after the case is completed
- Demonstrate rehabilitation
Certain offenses—particularly serious felonies and violent crimes—cannot be expunged.
Because the eligibility rules are narrower, many people pursue record sealing instead of expungement.
How Judges Decide Whether to Grant Record Sealing
Filing an application does not automatically guarantee that a record will be sealed. The court must review the request and determine whether it should be granted.
When making this decision, judges typically consider several factors, including:
- Whether the applicant has been rehabilitated
- Whether the applicant has pending criminal charges
- The applicant’s interest in having the record sealed
- Whether the government has a legitimate need to keep the record public
Ohio law requires courts to weigh the applicant’s interest in sealing the record against the government’s need to maintain the record, as outlined in Ohio Revised Code § 2953.32.
How to Apply to Seal or Expunge a Record
The process typically begins by filing an application with the court that handled the original case.
The general steps include:
- Gather your case information, including the case number and court name
- Complete the appropriate record sealing or expungement application
- File the application with the clerk of court
- Pay the required filing fee
- Attend a court hearing if one is scheduled
Filing fees vary by court but are often around $50 for misdemeanor cases and $100 for felony cases.
In many cases, the court will review the application and may schedule a hearing before making a final decision.
Why Clearing a Criminal Record Can Matter
Even a single criminal charge can affect a person’s ability to find employment, secure housing, or obtain certain professional licenses.
Sealing or expunging a record may help individuals move forward by limiting public access to past cases and reducing the long-term impact of a criminal record.
When to Speak With a Criminal Defense Attorney
Determining whether you qualify for record sealing or expungement of a criminal record in Ohio can be complicated. Eligibility rules depend on factors such as the type of offense, the number of convictions, and the amount of time that has passed since the case was resolved.
An experienced attorney can review your criminal history, explain your options, and assist with the application process.
Smith & Webb, Attorneys help individuals understand their legal options and navigate the Ohio court system. If you have questions about sealing or expunging a criminal record, speaking with a qualified attorney may help you determine the best path forward.
If you are facing criminal charges or have questions about your legal options, visit our Criminal Defense practice page to learn how Smith & Webb, Attorneys can help.
