Expungement, Sealing

Ohio Senate Bill 288 drastically changed the record sealing and expungement laws in Ohio.  This bill took effect on April 4, 2023.

• Ohio Senate Bill 288 expanded the amount of convictions eligible to be sealed or expunged.
• There are many more eligible convictions than before this law was enacted. 
• Senate Bill 288 also made it much easier to expunge convictions.

What is the difference between an expungement and record sealing?

• Most people in the legal realm use the terms expungement and record sealing interchangeably. However, there is a major difference between the two.
  • Record Sealing
    • As it sounds, this just seals the record from most of the public.
      • Some agencies may still be able to access sealed records. Some of these are law enforcement and certain medical and legal agencies.
    • It acts as if the incident never happened.
    • Record sealing laws in Ohio have expanded quite a bit over the last ten years.  Especially the number of charges a person can seal.  If you were ineligible in the past, it’s important to contact an attorney to see if you may now be eligible.
  • Expungement
    • The record is completely destroyed forever.  No one has any access to these records. They are not retrievable.
      • NOTE: Law enforcement has access but only for the purpose of determining if someone is eligible for employment in law enforcement.
      • Under the new Ohio Senate Bill 288, any conviction that is eligible to be sealed is also now eligible to be expunged. 
      • Even if you have previously had your record sealed, you can still have it expunged.

What is the process for sealing and expunging a record?

• You should contact an attorney and have them determine if you are eligible.
• Your attorney will file an application with the particular court.
  • If you have convictions in multiple courts, you will have to file applications to each court.  There is no way to file a universal application that will cover all courts.
• The probation department will then perform a background check and submit a report to the court and the prosecutor.
• The prosecutor has an opportunity to file an objection.
• The court will then set the case for a hearing.
  • This will happen between 45 and 90 days from the date of the application.
  • It’s important to note that if the court holds a hearing and denies the record sealing or expungement, then you may be precluded from ever filing for a sealing or expungement again.  This is why it’s important to hire an attorney for this process.
• If the judge grants the record sealing or expungement, then the entry is sent to all background check agencies in the country.  It generally takes about a month for all background check agencies to update their records.
  • If you want to double check that the records have been updated, you can go to your local sheriff’s office and pay to have them run a background check.

Am I eligible to have my record sealed or expunged in Ohio?

• The following types of convictions are ineligible to be sealed or expunged. If your conviction doesn’t fall into any of these categories, then it is likely eligible.
  • Traffic Offenses
  • Felony offenses of violence
  • Sexually oriented offenses when the offender is currently subject to the requirements of the sex offender registry
  • Offenses where the victim was less than 13 (Excludes child support cases).
  • 1st or 2nd degree felonies
  • Three or more 3rd degree felonies
  • Domestic Violence or Violation of a Protection Order. (4th degree domestic violence is eligible to seal but not expunge.)
• What were the biggest changes from Senate Bill 288 to prior record sealing and expungement laws in Ohio?
  • Only violent felony offenses are ineligible.  All misdemeanor violent offenses are now eligible (Except for domestic violence).
  • All convictions that are eligible for sealing are now eligible for expungement (except 4th degree domestic violence).
  • Convictions that had a mandatory prison sentence are now eligible.
  • Convictions that require a person to register for the sex offender registry are eligible once the person is no longer subject to register.

What are violent offenses in Ohio?

• Here is an exhaustive list of all violent offenses in Ohio. Remember though, Senate Bill 288 eliminated misdemeanor violent offenses from ineligibility.
  • Aggravated Murder
  • Murder
  • Voluntary Manslaughter
  • Involuntary Manslaughter
  • Felonious assault
  • Aggravated assault
  • Assault
  • Permitting child abuse
  • Aggravated menacing
  • Menacing by stalking
  • Menacing
  • Kidnapping
  • Abduction
  • Extortion
  • Trafficking in persons
  • Rape
  • Sexual battery 
  • Gross sexual imposition
  • Aggravated arson
  • Arson
  • Terrorism
  • Aggravated robbery
  • Robbery
  • Aggravated burglary
  • Inciting to violence
  • Aggravated riot
  • Riot
  • Inducing panic
  • Domestic violence
  • Intimidation
  • Intimidation of attorney, victim or witness in criminal case or delinquent child action proceeding
  • Escape
  • Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function
  • Division (A)(1) of 2903.34: 4th degree felony patient abuse or neglect
  • Division (A)(1), (2), or (3) of 2911.12: 2nd or 3rd degree felony burglary.
  • Division (B)(1), (2), (3), or (4) of 2919.22: some 2nd and 3rd degree felony endangering children.
  • Felonious sexual penetration in violation of former 2907.12.
  • Offenses from any other state that is substantially similar to one of the above offenses.
  • A conspiracy, attempt to commit, or complicity in committing any offense above.

When can I apply to seal my record in Ohio?

• The timing is based on when the sentence has completed.
  • The sentence is complete when you have paid all fines and/or restitution, completed all community service, probation or post release control has been terminated, and/or all jail or prison time has been completed.
  • You also cannot have any pending cases.
• Minor Misdemeanors
  • You can apply 6 months after the sentence has completed.
• 4th degree felonies or lower
  • You can apply one year after the sentence has completed.
• 3rd degree felonies
  • You can apply 3 years after the sentence has completed.
• Offenses that require the person to register for the sex offender registry
  • You can apply 5 years after the requirement to register has ended.

When can I apply to expunge my record in Ohio?

• The timing is based on when the sentence has completed.
  • The sentence is complete when you have paid all fines and/or restitution, completed all community service, probation or post release control has been terminated, and/or all jail or prison time has been completed.
  • You also cannot have any pending cases.
• Minor Misdemeanors
  • You can apply 6 months after the sentence has completed.
• All other misdemeanors
  • You can apply one year after the sentence has completed.
• All felonies
  • You can apply 10 years after the sentence has completed.

Do I need to seal or expunge a dismissal or a not guilty verdict?

• Yes.  Dismissed cases do not automatically get sealed or expunged.  If someone runs your background, the dismissed charge will still show up.  This person will still be able to see that you were charged with a crime at some point.  You will want to file to get the record sealed or expunged so you don’t have to answer any questions about the charge.
  • There is no waiting time to apply to have a dismissal sealed or expunged.