Myths About Ohio's Record Expungement Process

In Ohio, expungement and record sealing offer a path to a fresh start. However, common misconceptions about these processes often prevent individuals from pursuing the proper process and getting the fresh start that they deserve. myth vs fact

Let's debunk the top five myths about record expungement in Ohio.

Myth #1: "My Case Was Dismissed—There's Nothing on My Record."

Truth: Many people wrongly believe that a dismissed charge or a not-guilty verdict automatically disappears. Even if your case was dismissed or you were found not guilty, the record of your arrest and court proceedings still exists. This information can appear on background checks, potentially impacting job prospects and other opportunities. 

In Ohio, you must actively petition the court to have these records sealed. Sealing the record means it's hidden from public view, although certain government agencies may still have access to it.

Myth #2: "Expungement Means My Record Is Gone Forever."

Truth: In conversation, people may often use the term "expungement" interchangeably with the term "record sealing," but they are different. 

Sealing a record hides it from public view, which can make it invisible to most employers, landlords, and other members of the public. However, the record still exists and can be accessed by law enforcement and certain employers, including those in government, law enforcement, healthcare, and education. 

Expungement, on the other hand, involves the complete destruction of the record. 

Ohio law primarily provides for record sealing, not expungement, except in specific cases such as certain juvenile offenses or victims of human trafficking.

Myth #3: "I'm Not Eligible for Expungement—It's Been Too Long."

Truth: Ohio's expungement laws have evolved in recent years, and more individuals are now eligible than ever before. Legislative changes from 2023 and 2025 have now expanded the types of offenses that can be sealed and adjusted waiting periods, so more people are now eligible than ever before.

For instance, certain third-degree felonies may now be eligible under specific conditions. Even if you were previously denied, it's worth revisiting your eligibility with the help of an experienced attorney. You may now qualify under the revised eligibility rules.

Also, you may qualify to seal multiple convictions if they stem from the same incident.

Myth #4: "Traffic Offenses Like DUI/OVI Can Be Expunged."

Truth: Under Ohio law, traffic offenses, including DUI/OVI (Driving Under the Influence/Operating a Vehicle Impaired), are generally not eligible for expungement or sealing. These convictions remain on your record permanently. 

However, if your DUI/OVI charge was dismissed or you were found not guilty, you may petition to have the record sealed. 

Navigating these nuances requires legal expertise to determine the best course of action. If possible, it is best to hire a defense attorney early in the process, since these charges cannot be undone after the fact.

Myth #5: "I Can Handle Expungement on My Own."

Truth: While it's legally possible to file for expungement or sealing without an attorney, the process can be complex and fraught with potential pitfalls. Mistakes in paperwork, missed deadlines, or misunderstandings about eligibility can lead to delays or even denials. 

An experienced expungement attorney can guide you through the process, ensure all requirements are met, and represent you effectively in court, increasing the likelihood of a successful outcome.

Ready to Expunge Your Criminal Record?

Understanding the realities of expungement and record sealing in Ohio is the first step toward reclaiming your future. 

Many people carry the emotional burden of a criminal record for years, long after they’ve completed their sentence. Knowing your past is no longer available to the public can bring relief and restore your sense of dignity. 

Whether you're applying for a job, trying to rent an apartment, or simply ready to move forward, sealing or expunging your record could be one of the most empowering steps you take.

At The Law Offices of Steven R. Adams, we specialize in navigating the complexities of Ohio's expungement laws. Our team is dedicated to providing personalized legal strategies to help you confidently move forward. Contact us today to schedule your free consultation at 513-929-9333 or reach out online. 

Tad Brittingham
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Criminal defense attorney Tad Brittingham is dedicated to serving his clients throughout the Cincinnati area
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