Ohio permanently bars several categories of convictions from being sealed or expunged, no matter how much time has passed. The records that cannot be expunged or sealed in Ohio include first and second degree felonies, felony and first-degree misdemeanor offenses of violence, convictions that require sex offender registration, offenses involving victims under 13, and every traffic offense, including all OVI convictions. The 2023 “Fresh Start” reforms expanded eligibility for many people, but these exclusions survived.
First and Second Degree Felonies
Every conviction for a first or second degree felony is permanently ineligible for sealing. These are the most serious non-capital offenses on the books, and the legislature has decided the public’s interest in access outweighs the individual’s interest in privacy. Common examples include murder, voluntary manslaughter, rape, kidnapping, aggravated robbery, and felonious assault.1Ohio Legislative Service Commission. Ohio Revised Code 2953.36 – Sealing of Record of Conviction Exceptions
No waiting period, rehabilitation evidence, or judicial discretion changes this result. If the offense is classified as a first or second degree felony, the record is public for life. That’s true even when the sentence was short or the person received judicial release early.
Felony and First-Degree Misdemeanor Offenses of Violence
Beyond the ban on first and second degree felonies, Ohio separately excludes most “offenses of violence” from sealing when the conviction is a felony or a first-degree misdemeanor.1Ohio Legislative Service Commission. Ohio Revised Code 2953.36 – Sealing of Record of Conviction Exceptions The statutory definition at ORC 2901.01 sweeps in dozens of crimes:
- Homicide offenses, including murder, voluntary and involuntary manslaughter, and negligent homicide
- Felonious assault, aggravated assault, and assault
- Kidnapping and abduction
- Rape, sexual battery, and gross sexual imposition
- Aggravated robbery and robbery
- Arson and terrorism offenses
- Domestic violence
- Intimidation and menacing
- Rioting and inciting violence, though certain first-degree misdemeanor versions of rioting, assault, and inducing panic have narrow exceptions
The definition also reaches any conspiracy or attempt to commit these offenses and any similar offense from another state or federal jurisdiction.2Ohio Legislative Service Commission. Ohio Revised Code 2901.01 – General Provisions Definitions Domestic violence deserves its own mention because it is one of the most commonly charged offenses on the list. A felony conviction, or even a first-degree misdemeanor conviction, falls squarely in the ineligible category.
Sex Offenses and Crimes Against Children Under 13
Any conviction that triggers a duty to register under Chapter 2950 of the Ohio Revised Code cannot be sealed while that registration requirement remains active.1Ohio Legislative Service Commission. Ohio Revised Code 2953.36 – Sealing of Record of Conviction Exceptions The purpose is to keep community notification intact.
Once the registration period ends or a court terminates it, a former registrant may apply for sealing, but only after waiting five years from the date the registration duty expired.3Ohio Legislative Service Commission. Ohio Revised Code 2953.32 – Sealing or Expungement of Conviction Record For anyone subject to lifetime registration, sealing is effectively never available.
A separate rule covers crimes where the victim was under 13 years old. Regardless of the specific charge, a conviction involving a victim that young generally cannot be sealed. This reaches offenses that might not independently carry a registration requirement, such as certain assault or endangering charges. Ohio has also specifically barred sealing for voyeurism, public indecency, compelling prostitution, disseminating matter harmful to juveniles, and pandering obscenity when the victim was under 13.4Franklin County Law Library. Expungement, Wrongful Conviction, CQEs and CAEs in Ohio
Every Traffic Offense, Including All OVI Convictions
This is the one that catches people off guard. No traffic offense can be sealed in Ohio. Not just OVI. Not just serious violations. Every traffic conviction is excluded from the sealing process under ORC 2953.32.5Supreme Court of Ohio. Adult Rights Restoration and Record Sealing That includes misdemeanor OVI, felony OVI, driving under suspension, reckless operation, and even lower-level traffic misdemeanors.
The policy reason behind the OVI exclusion is that Ohio uses a person’s complete OVI history to escalate penalties for repeat offenders. A first OVI carries modest consequences, but a third or fourth within ten years can be charged as a felony. Sealing earlier convictions would undermine that framework. The broader traffic exclusion keeps driving records complete for courts, law enforcement, and the Bureau of Motor Vehicles.
For anyone who holds or needs a commercial driver’s license, an OVI brings federal consequences on top of the state ones. Federal regulations impose a minimum one-year CDL disqualification for a first DUI offense and a lifetime disqualification for a second, with limited reinstatement possibilities after ten years.
Third-Degree Felonies: Eligible, But With Conditions
Third-degree felonies occupy an unusual middle ground. They are not categorically banned the way first and second degree felonies are, but count-based restrictions can push them into the ineligible column depending on the rest of your record.5Supreme Court of Ohio. Adult Rights Restoration and Record Sealing
A third-degree felony cannot be sealed if you have more than one other felony conviction of any degree. It also cannot be sealed if you have exactly two third-degree felony convictions and your total record includes more than those two felonies plus two misdemeanors. In plain terms, one or two third-degree felonies on an otherwise limited record may be sealable, but additional felonies push you past the threshold.
This is one of the areas where the 2023 reforms did not fully eliminate count-based limits. The old law restricted sealing based on how many total convictions a person had. That system was mostly replaced with offense-based eligibility, but third-degree felonies kept a version of the old approach. If you have a third-degree felony plus other convictions, working through the eligibility math with an attorney is worth the time.
If Your Record Cannot Be Sealed
A conviction in one of the permanently ineligible categories will appear on background checks indefinitely. Federal law provides some protection against blanket disqualification in hiring. Under Title VII of the Civil Rights Act, the Equal Employment Opportunity Commission has issued guidance stating that employers cannot use criminal history as an automatic bar if doing so creates a discriminatory impact on protected groups.6U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII
The EEOC recommends that employers weigh three factors before rejecting an applicant based on a conviction: the seriousness of the offense, the time that has passed since the conviction or completion of the sentence, and the relationship between the offense and the job being sought. A 15-year-old robbery conviction, for example, should carry less weight for a warehouse position than for a bank teller role. Employers are also encouraged to give applicants an opportunity to explain the circumstances before making a final decision.
These protections do not guarantee a job offer, and they do not apply to positions where specific convictions are disqualifying by law, as with certain healthcare, education, and financial industry roles. A permanent record is still a permanent record, but it is not necessarily a permanent barrier to every form of employment.