If you have looked into clearing your criminal record in Ohio before, or if you were previously told you were not eligible, recent changes to the law mean it is time to take another look at what is possible. Ohio's Senate Bill 288, which took effect in April 2023, made significant changes to Ohio's record-clearing laws. New categories of people are now eligible, waiting periods are shorter, and for the first time in Ohio history, true expungement, meaning permanent destruction of a record, is available for conviction cases. This guide outlines what changed and what it means for your record.
Are Record Sealing and Expungement Legally Different in Ohio?![expungement]()
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Before SB 288, Ohio had one process for clearing criminal records, and the terms "sealing" and "expungement" were used interchangeably. SB 288 changed that. The two are now legally distinct. If you have read older guidance on this topic, see our breakdown of the top 5 myths about record expungement in Ohio, which addresses the most common confusion.
A sealed record is removed from public view
Employers, landlords, and the general public cannot see it on a background check. However, the record still exists, and it remains accessible to law enforcement, prosecutors, probation departments, and certain licensing boards.
An expunged record is permanently destroyed
Under ORC § 2953.31, expungement means the record is deleted and erased so that it is permanently irretrievable. The removal is more complete, but it comes with longer waiting periods and is not available for all offenses.
Both processes require a court application, a hearing, and a judge weighing your interests against any legitimate government interest in maintaining the record. Neither process is automatic, but a Cincinnati criminal defense attorney can help you prepare the petition and present your case.
What Did SB 288 Actually Change in Ohio Law?
There are several significant legal changes put in place by SB 288. Our blog on why getting your record expunged is important covers the practical benefits of these changes.
True expungement exists for the first time in Ohio
Before April 2023, what Ohio called "expungement" was functionally sealing. Records were hidden, not destroyed. SB 288 created a process for the actual permanent destruction of conviction records for eligible offenses.
The eligible offender cap was eliminated
Under the old law, the number of prior convictions could make you categorically ineligible for expungement regardless of what those convictions were. SB 288 removed that. Courts now evaluate each conviction individually. People who were ineligible may now qualify for expungement.
Waiting periods were shortened
The time between completing your sentence and becoming eligible to apply was reduced for many offenses, which we cover in more detail in the next section.
Some eligibility was removed
Fourth-degree misdemeanor domestic violence convictions and violations of protection orders are no longer eligible for expungement. These may still qualify for sealing under very limited circumstances.
What Are the New Waiting Periods Under SB 288?
Ohio now has two separate waiting period tracks for sealing and expungement. "Final discharge" means after completing your sentence, probation, parole, and paying all fines and restitution.
Sealing waiting periods under SB 288
- Minor misdemeanor: 6 months after final discharge
- Misdemeanor (M1 to M4): 1 year after final discharge
- F4 or F5 felony: 1 year after final discharge
- F3 felony (up to 2 convictions): 3 years after final discharge
Dismissed charges, acquittals, and grand jury no-bills can generally be sealed immediately, with no waiting period and no limits on conviction counts, as long as no criminal proceedings are pending.
Expungement waiting periods under SB 288
- Minor misdemeanor: 6 months after final discharge
- Misdemeanor: 1 year after final discharge
- F4 or F5 felony: 11 years after final discharge
- F3 felony: 13 years after final discharge
There is no limit on the number of non-violent F4 and F5 convictions that may be sealed. Up to two non-violent F3 convictions may be sealed. For answers to more questions about eligibility, see our FAQ on whether you can get your record expunged in Ohio.
What Cannot Be Sealed or Expunged Under SB 288?
Some convictions remain on the record permanently, regardless of SB 288. These include:
- First- and second-degree felonies
- Most felony offenses of violence
- Traffic convictions, including OVI
- Sexually oriented offenses where the applicant is subject to sex offender registration
- Offenses where the victim was under 13
- Most domestic violence convictions
- Violations of protection orders
If you are unsure whether a particular charge on your record is eligible, the safest move is to have an attorney pull your record and review each case individually.
Frequently Asked Questions: Record Sealing and Expungement in Ohio Under SB 288
Can I expunge an OVI conviction in Ohio?
No. OVI is a traffic offense under Ohio Revised Code and is permanently ineligible for sealing or expungement under ORC § 2953.36, even after SB 288. However, if your OVI charge was dismissed or reduced to a lesser offense, such as reckless operation, those records may be eligible depending on how the case was resolved. Our Cincinnati OVI defense attorneys can review the disposition of your case.
If I was previously told I was not eligible for expungement, does SB 288 change that?
Possibly. The elimination of the eligible offender cap means people who were previously disqualified based on the number of prior convictions may now qualify. If you were denied before April 2023, your eligibility under the new law is worth re-evaluating with an attorney.
What is the difference between sealing and expungement in Ohio?
Sealing hides your record from public view, but the record still exists and can be accessed by law enforcement and certain agencies. Expungement permanently destroys the record so it cannot be retrieved.
How long does the sealing or expungement process take in Ohio?
From filing to final order, the process typically takes several months. The court must schedule a hearing between 45 and 90 days after filing, and additional time is needed for agencies to process and implement the order. Having an attorney who knows how local courts operate can help avoid delays. Learn more about what to expect in the Ohio legal process.
Will a sealed or expunged record still appear on employment background checks?
A sealed record should not appear on standard employment background checks available to private employers. Expunged records, which are destroyed, should not appear at all. Certain employers in law enforcement, healthcare, education, and other regulated fields may still access sealed records during background screening.
Do I need a lawyer to seal or expunge my record in Ohio?
Ohio does not require a lawyer, but the process involves strict eligibility rules, separate waiting periods for sealing and expungement, and a court hearing where the prosecutor can object. A filing error or missed deadline can lead to denial. An experienced Ohio expungement attorney can confirm eligibility, prepare the application correctly, and present your case at the hearing.
Ready to Clear Your Record in Ohio? Talk to a Cincinnati Expungement Attorney
Clearing your record is one of the most effective ways to move forward from the past and open new opportunities for your future. Ohio's record-clearing laws are more accessible than ever after SB 288, but navigating eligibility rules, waiting periods, and the court process still requires careful legal attention. A filing error, a missed deadline, or a misread statute can mean delays or denials.
Call 513-929-9333 or contact us online today for a free consultation. We defend you like family, because your future is worth protecting.
Disclaimer: This blog is for informational purposes only and is not legal advice. Consult a qualified attorney to discuss your specific situation.
