Expungements In Ohio

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Overview

Depending on the offense, it may be possible to expunge or seal a criminal record. Once sealed, it is as if the crime never occurred. You do not have to provide information regarding the offense on applications. However, Police and Courts have access to the information and may consider a sealed record during sentencing for another offense. (Sealing of Record)

Waiting Period

There is a waiting period associated with filing for an expungement. Following the final completion of a misdemeanor case, including “community control” (probation), the Defendant must wait one year before filing for an expungement. The waiting period for a felony expungement is three years after completion of all conditions associated with the case, including “post conviction release” (parole).

What Cannot Be Expunged

  • Any offense where the offender is subject to a mandatory prison term;
  • Convictions under O.R.C. §2907.02 (Rape);
  • Convictions under O.R.C. §2907.03 (Sexual Battery);
  • Convictions under O.R.C. §2907.04 (Unlawful Sexual Conduct with a Minor);
  • Convictions under O.R.C. §2907.05 (Gross Sexual Imposition);
  • Convictions under O.R.C. §2907.06 (Sexual Imposition);
  • Convictions under O.R.C. §2907.321 (Pandering Obscenity Involving a Minor);
  • Convictions under O.R.C. §2907.322 (Pandering Sexual Oriented Matter Involving a Minor);
  • Convictions under O.R.C. §2907.323 (Illegal Use of a Minor in Nudity Oriented Material or Performance);
  • Any conviction under Chapter 4507 (Driver’s License Law);
  • Any conviction under Chapter 4510 (Driver’s License Suspension, Cancellation or Revocation);
  • Any conviction under Chapter 4511 (Traffic Laws);
  • Any conviction under Chapter 4549 (Motor Vehicle Crimes);
  • Any conviction for a violation of a municipal ordinance that is substantially similar to any section listed above;
  • Convictions of an offense of violence when the offense is a Misdemeanor of the First Degree or a Felony, excluding O.R.C. §2917.03 (Riot), O.R.C. §2903.13 (Assault), O.R.C. §2917.01 (Inciting to Violence), O.R.C. §2917.31 (Inducing Panic) that is a Misdemeanor;
  • Convictions under O.R.C. §2907.07 (Importuning), including a substantially similar conviction under a municipal ordinance;
  • Convictions for the following offenses where the victim was under the age of 18: O.R.C. §2907.08(Voyeurism), O.R.C. §2907.09 (Public Indecency), O.R.C. §2907.21 (Compelling Prostitution), O.R.C. §2907.22 (Promoting Prostitution), O.R.C. §2907.23 (Procuring), O.R.C. §2907.31 (Disseminating Matter Harmful to Juveniles), O.R.C. §2907.311 (Displaying Matter Harmful to Juveniles), O.R.C. §2907.32 (Pandering Obscenity), O.R.C. §2907.33 (Deception to Obtain Matter Harmful to Juveniles);
  • Convictions for offenses in circumstances where the victim of the offense was under the age of 18 and the offense is a Misdemeanor of the First Degree or a Felony;
  • Convictions for Felonies of the First or Second Degree; and
  • Bail Forfeitures in traffic cases as defined by Traffic Rule 2