You cannot fully expunge a domestic violence charge in Ohio. State law offers only sealing for these cases, and even sealing is limited: if you were convicted, only third- and fourth-degree misdemeanor convictions qualify, while first- and second-degree misdemeanors and all felonies are permanently off the table. If your charge was dismissed, you were found not guilty, or a grand jury returned a no bill, sealing is available on a much wider basis.
Why Expungement Isn’t Available
Ohio treats sealing and expungement as two different remedies. Sealing hides a record from public view but preserves it in court and law enforcement files. Expungement destroys the record so it cannot be retrieved. 1Supreme Court of Ohio. Adult Rights Restoration and Record Sealing
Domestic violence records are never eligible for expungement in Ohio. That rule holds whether you were convicted, acquitted, or had your charges dropped. The physical record continues to exist. What a successful sealing order does is make the case invisible on standard background checks and treat it, for most legal purposes, as if it never happened.
Which Convictions Can Be Sealed
Under Ohio Revised Code 2953.32, a conviction for domestic violence under ORC 2919.25 can be sealed if it was classified as a third- or fourth-degree misdemeanor. It cannot be expunged. 2Ohio Legislative Service Commission. Ohio Revised Code 2953.32
First- and second-degree misdemeanor domestic violence convictions are excluded by the same statute. Felony domestic violence convictions are also permanently ineligible. Because causing physical harm is typically charged as a first-degree misdemeanor, and because prior DV convictions or a pregnant victim can push the charge to a felony, most actual convictions fall outside the sealable range.
Sealing a Dismissal, Acquittal, or No Bill
If the case did not end in a conviction, the path opens up. The statute governing non-conviction records does not exclude any particular offense, so a dismissed or acquitted domestic violence charge can be sealed on application. 3Ohio Legislative Service Commission. Ohio Revised Code 2953.33
Timing depends on how the case ended. If your case was dismissed or you were found not guilty, you can file immediately. If a grand jury returned a no bill, you have to wait two years from the date the grand jury reported that decision to the court. 3Ohio Legislative Service Commission. Ohio Revised Code 2953.33
Watch for one trap when you had multiple charges in the same incident. If one charge resulted in a conviction and another was dismissed, the dismissed charge can only be sealed if the conviction is itself eligible for sealing. The narrow exception: a single non-OVI traffic conviction leaves the court discretion to seal the whole record. 1Supreme Court of Ohio. Adult Rights Restoration and Record Sealing
How to File
File your application with the Clerk of Courts in the same court that handled the original charge. The form is available at the clerk’s office or on the local court’s website.
You will need the full case number, the name of the court, the exact disposition date, and your personal information including full name, date of birth, and Social Security number.
Filing Fees
Sealing a non-conviction record carries no filing fee. 4Hamilton County Clerk of Courts. Municipal Sealing and Expungement Instructions
Sealing an eligible conviction costs a $50 application fee plus a possible local court fee of up to $50, for a potential total of $100. Both can be waived with a poverty affidavit. 2Ohio Legislative Service Commission. Ohio Revised Code 2953.32
The Hearing
Once you file, the court sets a hearing between 45 and 90 days out. The original prosecutor is notified and may file a written objection at least 30 days before the hearing. The hearing goes forward either way, and you are required to attend. 1Supreme Court of Ohio. Adult Rights Restoration and Record Sealing
The judge follows the checklist in ORC 2953.33. For non-conviction records, that means confirming the case ended the way you say it did, confirming no criminal proceedings are pending against you, and, for dismissals without prejudice, checking that the statute of limitations has run so the state cannot re-file. 3Ohio Legislative Service Commission. Ohio Revised Code 2953.33
Then the judge applies a balancing test, weighing your interest in sealing against any legitimate government interest in keeping the record accessible. Concrete testimony helps here. If the record is costing you jobs or housing, say so plainly. If the prosecutor objected, the judge weighs those reasons as well. A granted application produces a court order directing every agency holding the records to seal them.
Who Can Still See the Record After Sealing
Sealing is not invisibility. Law enforcement and government officials can view sealed records during criminal investigations, and employers in law enforcement, education, and healthcare can access them when hiring. 1Supreme Court of Ohio. Adult Rights Restoration and Record Sealing
Access to a sealed dismissal is narrower. Prosecutors can look at it to decide whether you qualify for a pretrial diversion program, and officers can access it in civil actions tied to their role in the original case. 1Supreme Court of Ohio. Adult Rights Restoration and Record Sealing
If you pick up a new charge later, the sentencing court can consider a sealed prior conviction.
Federal Gun Ban Survives State Sealing
Sealing your conviction in Ohio does not restore your firearm rights. Federal law independently prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. 5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That ban, known as the Lautenberg Amendment, operates regardless of what the state does with the record. A sealed state conviction is still a conviction under federal law, and violating the prohibition is itself a federal felony. 6U.S. Marshals Service. Lautenberg Amendment
The firearms ban is triggered only by a conviction, so dismissals and acquittals do not carry it. But if you had an M3 or M4 conviction sealed, talk to a firearms attorney before buying or possessing a gun.
Immigration Consequences for Non-Citizens
If you are not a U.S. citizen, sealing in Ohio does nothing to shield you from federal immigration consequences. A domestic violence conviction is an independent ground for deportation, and immigration authorities are not bound by state sealing orders. The same is true across lawful permanent resident, visa, and other statuses.
Even a dismissed charge can create problems. Immigration officers may look past the final disposition to the underlying facts when deciding visa, green card, or naturalization applications. Anyone in that position should talk to an immigration attorney before assuming that a sealing order resolves anything.