How to File for Expungement in Ohio: Eligibility, Hearing, and Sealing

Ohio calls it “sealing” rather than expungement, but the effect is what most people mean by the word: your conviction comes off public background checks, and you can answer “no” on most job and housing applications when asked about a criminal record. To file for expungement in Ohio, you submit an application to the court that handled your case after the waiting period ends, pay a filing fee (or ask for it to be waived), serve the prosecutor, and attend a hearing where a judge decides whether to grant the order. The record is not destroyed — law enforcement and a few other authorized agencies keep access — but it disappears from the databases employers and landlords use.

Whether You Qualify

Ohio law gives two paths to eligibility, and which one fits depends on how serious your convictions are.

Under the first path, every felony on your record must be a fourth- or fifth-degree felony (or a misdemeanor), none of the offenses can be violent crimes or felony sex offenses, and you cannot have more than five felony convictions total. There is no cap on misdemeanors.1Ohio Legislative Service Commission. Ohio Revised Code 2953.31 – Sealing of Record of Conviction or Bail Forfeiture

The second path covers people with a higher-degree felony, such as a third-degree felony. Here you are limited to two felony convictions and four misdemeanor convictions. If you have exactly two felonies, the misdemeanor limit drops to two. The offense you want sealed must itself be eligible. When multiple convictions come from the same act or the same three-month period of related conduct, Ohio generally counts them as one conviction for eligibility.1Ohio Legislative Service Commission. Ohio Revised Code 2953.31 – Sealing of Record of Conviction or Bail Forfeiture

Some offenses can never be sealed: first- and second-degree felonies, felony offenses of violence, felony sex offenses, and traffic offenses, including OVI. Those specific convictions stay public, but other eligible convictions on the same record can still be sealed.2Supreme Court of Ohio. Court-Ordered Sealing of Criminal Record with Consideration of Indigency

How Long You Have to Wait

The clock starts at “final discharge,” meaning the day you finish every part of your sentence: jail, probation, parole, community service, restitution, and fines. From there, the waiting period depends on the offense:3Ohio Legislative Service Commission. Ohio Revised Code 2953.32 – Sealing of Conviction or Bail Forfeiture

  • Minor misdemeanors: six months.
  • Misdemeanors and fourth- or fifth-degree felonies: one year, provided none involve soliciting improper compensation or a felony offense of violence.
  • Third-degree felonies (one or two convictions): three years.
  • Soliciting improper compensation under R.C. 2921.43: seven years.

If you were required to register as a sex offender, the wait is five years after your registration duties end, not five years after your sentence ended.3Ohio Legislative Service Commission. Ohio Revised Code 2953.32 – Sealing of Conviction or Bail Forfeiture

Dismissed Cases and Not-Guilty Verdicts

If your case ended in a not-guilty verdict or a dismissal, a different and easier process applies. You do not need to meet the “eligible offender” definition, and in most situations there is no waiting period. File as soon as the dismissal or not-guilty finding is on the record.4Justia Law. Ohio Revised Code 2953.52 – Sealing of Records After Not Guilty Finding or Dismissal

Two exceptions: grand jury no-bills carry a two-year wait, and if the dismissed charge is tied to a related conviction, that conviction generally has to be eligible for sealing too (unless it is a single non-OVI traffic offense).5Supreme Court of Ohio. Adult Rights Restoration and Record Sealing

Gathering Your Case Information

Before you touch a form, pull together the details of your case: the exact court name, the case number, the date of conviction, and the specific Revised Code section or municipal ordinance you were convicted under. If you no longer have the paperwork, call the clerk of the court that handled the case. Most clerks can look up your file by name or date of birth.

Filling Out the Application

Ohio has no single statewide form. Every court publishes its own version of the “Application for Sealing of Record,” so download the form from the website of the court where you were sentenced. On it you list every conviction you want sealed, provide your personal information, and certify that all fines and court costs have been paid.

Filing and Paying the Fee

File the completed application with the clerk of the court that handled the original case. Filing fees vary. Some courts charge $50, others up to $100. When the underlying charge was dismissed or you were acquitted, some courts waive the fee entirely.

If you cannot afford the fee, submit Ohio Supreme Court Form 20, the Civil Fee Waiver Affidavit. The court must approve a waiver if your household income is at or below 187.5 percent of the federal poverty guidelines and your expenses meet or exceed your income. Judges can also grant a waiver above that threshold at their discretion.

Serving the Prosecutor

The prosecutor’s office that handled your case has to get a copy of the application. Some courts serve it for you; others require you to do it yourself. Check your form carefully. Many include a Certificate of Service section where you confirm the prosecutor was notified. If service is your job, use certified mail or hand-deliver the documents and keep proof.

The prosecutor has until 30 days before the hearing to file a written objection. If the case involved victims, the prosecutor also has to notify them.3Ohio Legislative Service Commission. Ohio Revised Code 2953.32 – Sealing of Conviction or Bail Forfeiture

The Hearing

The court sets the hearing between 45 and 90 days after filing. You must attend. If the prosecutor objected, be ready to answer those arguments. Even without an objection, the judge will review your application and may ask questions.3Ohio Legislative Service Commission. Ohio Revised Code 2953.32 – Sealing of Conviction or Bail Forfeiture

Before granting the order, the judge must find that the offense is eligible, that you filed after the required waiting period, that no criminal charges are pending against you, that you have been rehabilitated to the court’s satisfaction, and that your interest in sealing the record is not outweighed by the government’s need to keep it public.6Greene County, Ohio. FAQ and Application for Sealing of Record of Felony Record ORC 2953.32

Rehabilitation is where most applications turn. Judges look for steady employment, education, community involvement, and the absence of new criminal activity. Bring specifics: job history, certificates, volunteer work, letters of support. Vague statements about turning your life around carry far less weight than documents you can hand up.

What Sealing Actually Does

If the judge grants the order, the court directs every agency holding the record to seal it. The record moves to a restricted file and comes off public databases. On most job and housing applications, you can legally answer that you have no criminal record.7Ohio Legislative Service Commission. Ohio Revised Code 2953.34 – Effect of Sealing or Expungement Order

Sealed does not mean gone. Law enforcement agencies, the Ohio Department of Rehabilitation and Correction, and certain other government entities can still access sealed records for specific purposes such as law enforcement hiring. If you are later charged with a new crime, prosecutors and courts can view your sealed record too.7Ohio Legislative Service Commission. Ohio Revised Code 2953.34 – Effect of Sealing or Expungement Order

Consumer reporting agencies that run background checks are barred by the Fair Credit Reporting Act from including sealed or expunged records in their reports. The Consumer Financial Protection Bureau has stated that reporting sealed information is inaccurate and misleading. If a sealed conviction shows up on a third-party screening report, you have the right to dispute it.8Consumer Financial Protection Bureau. Fair Credit Reporting – Background Screening

Some professional licensing boards, including those governing nursing, law enforcement, teaching, law, and medicine, still require you to disclose sealed convictions. Read every question on a licensing application carefully. If it specifically asks about sealed or expunged records, answer truthfully; failure to disclose when required can cost you the license.

Federal Limits

An Ohio sealing order binds Ohio agencies, not federal ones, and the gap matters in a few places.

On firearms, federal law generally bars anyone convicted of a crime punishable by more than a year in prison from possessing a gun, but a sealed or expunged conviction is not treated as a conviction for federal firearms purposes as long as the state order does not expressly restrict firearm possession. For most people who successfully seal an Ohio felony, the federal bar tied to that conviction lifts.9Office of the Law Revision Counsel. 18 USC 921 – Definitions

On immigration, USCIS can require evidence of a conviction even after sealing and may petition the court directly for sealed records. Answering “no” on an immigration form based on an Ohio sealing order can be treated as a misrepresentation, which carries its own consequences. Disclose sealed convictions on immigration and visa applications unless an immigration attorney has told you otherwise.10USCIS. USCIS Policy Manual Volume 12 Part F Chapter 2 – Adjudicative Factors

Federal databases such as the National Crime Information Center are not cleared by a state order either. If you apply for Global Entry, TSA PreCheck, or a federal security clearance, a sealed conviction may still surface, and failing to disclose it on a federal application can lead to denial based on perceived dishonesty even when the underlying offense would not have disqualified you.

If the Court Denies You

A denial is not permanent. You can reapply, though you will need to wait. The judge’s written order usually explains the reason. Common ones: applying too early, having pending charges, or failing to make a convincing case for rehabilitation.

Use the interval. Address the shortcoming the judge identified with something you can document — finishing a degree or certification, holding steady work, or building a record of community involvement. When you reapply, you go through the same process again, including a new filing fee and a new hearing.