A past mistake should not define your future permanently. Unfortunately, for many individuals in Ohio, a criminal record acts as a lingering barrier long after a sentence has been served or a case has been closed. You may find yourself facing repeated rejections for housing, struggling to advance in your career, or being disqualified from educational opportunities simply because of a background check.
The reality is that criminal records are often public and easily accessible. This transparency can make it difficult to move forward, creating a cycle of limitations that affects your financial stability and personal reputation. You might feel as though you are finished with the case, but not finished with the consequences, stuck in a system that refuses to acknowledge your rehabilitation.
Ohio provides a specific legal mechanism designed to help eligible individuals remove these barriers. Understanding the process of sealing or expunging a record is the first step toward reclaiming your privacy and opening doors that may have been previously closed.
Understanding Expungement Under Ohio Law
In Ohio, expungement is a legal process that removes a criminal record from public view. While “sealing” and “expungement” are sometimes used interchangeably, recent laws have clarified distinct methods for clearing records. The goal is to restore your status to what it was before the offense, allowing you to legally state on most job applications or rental agreements that you have not been convicted.
Records that are expunged or sealed generally do not appear on private background checks conducted by employers, landlords, or licensing boards. However, they are not completely erased and remain accessible to law enforcement, courts, and certain government agencies for specific legal purposes. This legal relief helps individuals move forward without the ongoing stigma of a criminal record.
Expungement vs. Record Sealing Under Ohio Law
Ohio law distinguishes between sealing a record and expunging a record, though both offer significant relief. Understanding the difference is critical for determining which option is available to you based on your specific case history.
Differences Between Expungement and Sealing
- Record Sealing: This process hides the record from the public. The file still exists physically and digitally within the court system, but it is secured so that the general public cannot see it. It acts as a shield against most civilian inquiries.
- Expungement: This is a more complete form of removal. Under new Ohio laws, expungement means the physical destruction or deletion of the record, making it inaccessible even to some government entities that might otherwise see a sealed record.
When Expungement Is Preferred
For most individuals, either option provides the necessary relief to move forward. However, expungement vs. record sealing offers a higher level of finality. It is particularly beneficial when applying for:
- Employment screening: Most private employers will not see either sealed or expunged records.
- Licensing boards: Some professional boards may still have access to record sealing files, making expungement a stronger option if eligible.
- Housing applications: Both processes effectively remove the conviction from tenant screening reports.
When Expungement May Not Be the Right Legal Option
Expungement is a powerful tool for privacy, but it is not always legally available or strategically appropriate for every situation. Understanding the following limitations is essential for developing a realistic approach to your record:
- Permanently ineligible offenses: Ohio law prohibits expungement for certain violent felonies, sexually oriented offenses requiring registration, first- or second-degree felonies, and other excluded categories, no matter how much time has passed.
- Sealing as a practical alternative: If expungement is unavailable, record sealing can still hide the conviction from most public view and background checks, helping with employment, housing, or other goals.
- Strategic waiting periods: Applying too soon often leads to denial. Waiting out the required eligibility time or showing extended rehabilitation greatly improves chances of success later.
- Long-term planning: Full record clearing may require steps over time, such as sealing first, then pursuing expungement later if/when laws or eligibility change.
Eligibility Requirements for Expungement in Ohio
Not every criminal record is eligible for removal. Eligibility for expungement is determined by a strict set of statutory rules that consider the type of offense, the number of convictions, and the time that has passed since the case was resolved.
Cases That May Qualify
The list of eligible offenses has expanded in recent years, allowing more Ohioans to clear their names. Generally, eligibility includes:
- Non-convictions: Cases dismissed, found “not guilty,” or “no billed” by a grand jury.
- Misdemeanor convictions: Most minor misdemeanors and lower-level offenses are eligible.
- Eligible felonies: Many non-violent, lower-level felonies (F4 and F5) and certain F3s may now be sealed or expunged, subject to statutory exclusions and judicial discretion.
Statutory Waiting Periods
Waiting periods begin after your “final discharge” (completion of all sentence terms, probation, fines, and restitution). These differ significantly between record sealing (shorter waits, hides record from public) and expungement (longer waits, fully destroys the record).
For Expungement (primary focus):
- Misdemeanors: Typically, 6 months for minor misdemeanors and 1 year for other misdemeanors after final discharge.
- Felonies: Significantly longer, 11 years for F4 and F5 felonies, and 13 years for eligible F3 felonies after final discharge.
- Non-convictions: Usually eligible immediately upon dismissal.
Expungement is often pursued after a record has been sealed, as sealing provides quicker relief. Waiting periods may vary based on the number of convictions (e.g., up to 5 eligible felonies under recent laws).
Disqualifying Offenses
Certain crimes are permanently barred from being sealed or expunged under the Ohio Revised Code 2953.36. These typically include:
- Most crimes of violence.
- Sex offenses are subject to registration requirements.
- Traffic offenses, including OVI/DUI convictions.
- Felonies of the first or second degree (with limited exceptions).
- Crimes involving victims under 13 years old (with limited exceptions, such as non-support of dependents)
The Expungement Process in Ohio Courts
Clearing your record is a formal legal action, not an administrative task. It requires filing a motion, notifying the prosecutor, and attending a hearing where a judge will decide whether to grant your request.
Filing the Application
The expungement process begins by filing an application in the court where the conviction or dismissal occurred. This might be a municipal court, a county common pleas court, or a mayor’s court. You must provide:
- Specific case numbers.
- Dates of conviction or dismissal.
- Proof that all fines and fees have been paid.
- A filing fee, which varies by court.
Accuracy is paramount. Errors in the application can lead to immediate rejection or delays.
Court Review and Discretion
Filing an application does not guarantee approval. The prosecutor has the right to object to your request. The court will order a probation report to verify your eligibility and check for any new pending charges.
Court approval is not automatic. The judge applies a balancing test, weighing your interest in having the record cleared against the government’s legitimate need to maintain the record. Judicial discretion plays a major role as the judge considers:
- Whether you have been rehabilitated.
- The nature of the offense.
- Your behavior since the conviction.
- The prosecutor’s objections, if any.
Final Order and Removal
If the judge grants your motion, they will sign an order expunging the record (or sealing, if that’s the requested process). The court clerk then sends this order to the relevant agencies, including:
- The Ohio Bureau of Criminal Investigation (BCI).
- The FBI.
- Local police departments.
- Private background check companies (though this can take time to update).
Once this process is complete, the record is removed from public access. Processing times vary by agency, and some private background check databases may take additional time to update their records.
Benefits of Expungement for Your Future
The decision to clear your record is an investment in your future stability. The practical benefits of expungement are immediate and tangible.
- Employment Opportunities: Legally answer “no” to criminal record questions on most job applications.
- Housing Access: Remove barriers to safe and affordable housing, often blocked by background checks.
- Professional Licensing: Simplify the process for state licenses in fields like nursing, real estate, and education.
- Educational Opportunities: Regain eligibility for certain student loans, grants, and internship programs.
- Personal Privacy: Keep past mistakes private from neighbors, colleagues, and online searches.
How Expungement Affects Background Checks and Public Records
Expungement clears your criminal record from public view, but it does not make the record completely invisible to all entities. Understanding the practical reach of this legal action helps in managing future expectations.
- Private background check companies: These companies generally cannot access expunged or sealed records, which means most employment and housing checks will not reveal the offense.
- Government databases: Expunged records are generally destroyed, but law enforcement, courts, and certain agencies may retain limited access for specific legal purposes (e.g., investigations, licensing).
- Temporary appearance of old data: In some cases, older data may appear briefly due to the time required for various third-party databases to update, but this is not a permanent exposure of the record.
- Legal obligations and limitations: Expungement does not allow a person to lie under oath. Individuals must still answer truthfully in specific legal contexts where disclosure is required by law.
- Practical outcomes for the average person: Expungement primarily protects public privacy and improves access to standard employment and housing opportunities without guaranteeing absolute invisibility to certain government systems.
Common Mistakes That Can Delay or Deny Expungement
Many individuals attempt to handle expungement on their own, only to face rejection due to procedural errors. Avoiding these common pitfalls is essential for a successful outcome.
- Filing Too Early: Applying before the statutory waiting period results in automatic denial.
- Ineligible Offenses: Attempting to seal traffic convictions (like OVI) or serious violent felonies is prohibited.
- Incomplete Filings: Failing to list all convictions can be viewed as deceptive by the court.
- Misunderstanding Eligibility: Assuming multiple convictions automatically disqualify you (laws now allow multiple records in specific situations).
- Outstanding Fines: Court costs and restitution must be fully paid before you are eligible to apply.
Why Choose The Meade Law Group
At The Meade Law Group, we focus on managing the legal details so you can focus on your future. We approach expungement cases with a commitment to accuracy and efficiency, ensuring that your application presents the strongest possible argument for rehabilitation.
Our firm has extensive experience in Ohio courts and with local prosecutors. We anticipate objections, navigate procedural rules, draft motions, communicate with the prosecutor’s office, and represent you at the hearing. Our goal is to secure the clean slate you deserve.
Our Services Include:
- Expungement Eligibility Analysis: Comprehensive review of your record to determine if you qualify under current statutes.
- Filing and Court Representation: Managing all paperwork and appearing on your behalf before the judge.
- Prosecutor Negotiation: Addressing objections filed by the state to protect your chances of approval.
- Post-Case Legal Guidance: Advising you on how to legally answer questions about your record after it has been expunged.
Contact The Meade Law Group to schedule a confidential consultation.
Frequently Asked Questions (FAQs)
| Question | Answer |
| How long does expungement take in Ohio? | The process typically takes 2 to 4 months from the date of filing, depending on the court’s schedule and the time needed for the background check. |
| Will an expunged record appear on background checks? | Generally, no. Once the order is processed, the record should not appear on standard private background checks used by employers and landlords. |
| Can employers see expunged cases? | Most private employers cannot see expunged records. However, certain employers, like law enforcement, childcare, and healthcare providers, may still have limited access. |
| Is expungement guaranteed? | No. Expungement is a privilege, not a right. A judge has the discretion to deny the request if they believe the government’s interest in maintaining the record outweighs your interest inexpunging it. |
| Do I need an attorney for expungement in Ohio? | While not required, an attorney ensures your application is accurate, argues against prosecutor objections, and navigates the complex eligibility rules to prevent denial. |
