In Ohio, a sealed criminal record is hidden from the general public, most private employers, landlords, and tenant-screening services, but it stays visible to law enforcement, prosecutors, sentencing judges in later cases, several categories of sensitive employers and licensing boards, and federal agencies. Knowing who can see sealed records in Ohio matters because the exceptions written into the statute reach further than most people expect, especially for anyone working near law enforcement, holding a professional license, or dealing with immigration or federal employment.
Sealed vs. Expunged in Ohio
Ohio uses “sealing” for most criminal records, with true expungement now available in some cases. A sealed record is pulled from public access and treated as confidential, but the file still physically exists in the hands of the court and certain agencies. An expunged record must be destroyed by most agencies that hold a copy. The one agency that keeps expunged convictions anyway is the Bureau of Criminal Investigation, which retains them to screen applicants for law enforcement work.1Ohio Legislative Service Commission. Ohio Revised Code Title 29-2953-2953.32 – Sealing or Expungement of Record of Conviction or Bail Forfeiture
Under Ohio Revised Code 2953.32, once a record is sealed, the proceedings are considered not to have occurred for most purposes.2Ohio Legislative Service Commission. Ohio Revised Code 2953.32 – Sealing or Expungement of Record of Conviction or Bail Forfeiture The statute then lists the people and purposes for which that fiction does not hold.
Who Cannot See a Sealed Record
For everyday purposes, a sealed record is invisible. A neighbor searching court dockets online will not find the case. A landlord running a tenant screening will not find it. A private employer running a standard background check will not find it. The case is removed from the public index of the court that handled it.
Private background check companies are legally required to leave sealed records out of their reports. The Consumer Financial Protection Bureau has interpreted the Fair Credit Reporting Act to prohibit background screening companies from including information that has been sealed or otherwise restricted from public access.3Consumer Financial Protection Bureau. Fair Credit Reporting – Background Screening A company that negligently reports a sealed record can be sued for actual damages, attorney’s fees, and court costs; willful violations expose the company to statutory damages of up to $1,000 per violation plus punitive damages.
Law Enforcement and Prosecutors
People working inside the criminal justice system are not shut out. Ohio law allows law enforcement officers and prosecutors to inspect sealed records when deciding whether a prior conviction affects the nature or severity of a new charge.4Ohio Legislative Service Commission. Ohio Revised Code 2953.32 – Sealing of Conviction Record or Bail Forfeiture If you are arrested or investigated for something new, the officers and prosecutors on your case can pull up your sealed history and use it in their charging decision.
This is the exception people miss most often. Sealing hides the record from your neighbor and your employer. It does not hide the record from the prosecutor deciding what to file against you.
Judges Sentencing You for a Later Conviction
Ohio Revised Code 2953.32 says that on a conviction for a later offense, a sealed record of a prior conviction or bail forfeiture may be considered by the court in determining the sentence or other appropriate disposition.1Ohio Legislative Service Commission. Ohio Revised Code Title 29-2953-2953.32 – Sealing or Expungement of Record of Conviction or Bail Forfeiture If you are convicted of a new offense after your first record was sealed, the sentencing judge can look at the sealed case and factor it into a harsher sentence. Sealing does not insulate you from repeat-offender consequences.
The statutory text ties this exception to sentencing after a conviction. It does not specifically authorize review during pre-trial bond hearings, though the court itself retains general authority to inspect sealed records.
Sensitive Jobs, Licenses, and BCI Checks
Certain employers and licensing bodies can see past a sealed record because of the kind of position involved. The clearest example is law enforcement. Even on a fully expunged conviction, BCI keeps a copy specifically to screen people applying for law enforcement positions, and no court order can force BCI to destroy those records.1Ohio Legislative Service Commission. Ohio Revised Code Title 29-2953-2953.32 – Sealing or Expungement of Record of Conviction or Bail Forfeiture If you are applying to be a police officer, sheriff’s deputy, or corrections officer, your sealed or expunged record will come up.
Beyond law enforcement, Ohio Revised Code 109.572 authorizes BCI criminal records checks for a range of positions involving public trust or vulnerable people. Checks run under that statute can reveal sealed records for jobs and licenses that include:
- Child care and education roles — teachers, daycare workers, and others working directly with children
- Health care positions — nurses, home health aides, and professionals caring for older adults or people with disabilities
- Financial services jobs at banks and similar institutions where fiduciary trust is required
- Professional licensing — attorneys, physicians, and others whose boards conduct background investigations as part of the application
If you are applying for any position where the employer or licensing board is statutorily authorized to request a BCI check under Section 109.572, assume your sealed record is part of that check. Ask the employer or board directly before you fill out the application.
Federal Agencies and Databases
Ohio’s sealing order binds Ohio courts and agencies. It does not bind the federal government. Criminal records reported to the FBI’s National Crime Information Center before sealing often remain in that federal database afterward. Federal actors who can reach those records include:
- U.S. Citizenship and Immigration Services and Immigration and Customs Enforcement, when evaluating visa applications, naturalization petitions, or removal proceedings
- Any agency running a federal background investigation for a security clearance
- Agencies conducting suitability screenings for federal employment
- Trusted traveler programs such as Global Entry and TSA PreCheck, whose background checks may surface sealed state convictions
If you have immigration concerns or are pursuing federal employment, treat a sealed Ohio record as potentially visible to federal decision-makers. A sealed state conviction can still trigger deportation proceedings.
Juvenile Sealed Records
Sealed juvenile records follow a separate set of rules under Ohio Revised Code 2151.357 and 2151.358, but the pattern tracks the adult side. Courts can inspect sealed juvenile records. Law enforcement officers and prosecutors can reach them when the sealed case involved a violent felony-level offense.5Ohio Legislative Service Commission. Ohio Revised Code 2151.357 – Response Respecting Sealed Records – Index – Limited Inspection BCI can also access sealed juvenile records when running background checks for law enforcement employment, corrections jobs, and the employer categories authorized under Section 109.572.6Ohio Legislative Service Commission. Ohio Revised Code 2151.358 – Expungement of Sealed Records
Parties in a civil lawsuit that arises from the same underlying case can also request access to sealed juvenile records for use in that proceeding.5Ohio Legislative Service Commission. Ohio Revised Code 2151.357 – Response Respecting Sealed Records – Index – Limited Inspection A sealed juvenile case involving an injury to another person can be opened for that person’s civil suit.
Pardoned Convictions Get Stronger Protection
Convictions expunged under Ohio Revised Code 2953.35 after a gubernatorial pardon get stronger protection than ordinary sealed or expunged records. A pardon-based expungement cannot be used for any purpose, including a criminal records check under Section 109.572 or a determination of eligibility for a concealed handgun license under Sections 2923.125 or 2923.1213.7Ohio Legislative Service Commission. Ohio Revised Code 2953.35 – Expungement of Certain Pardoned Offenses The applicant may say no record exists, and the court must give the same answer if asked.
This stronger shield does not reach records sealed or expunged through the standard 2953.32 process. If your record went through the regular application rather than following a pardon, the broader employer and licensing exceptions above still apply.
When You Can Say You Have No Record
Once your record is sealed, you can legally answer “no” when asked about a criminal record on most job applications, rental applications, and similar forms. The statute treats the sealed proceedings as though they never happened.2Ohio Legislative Service Commission. Ohio Revised Code 2953.32 – Sealing or Expungement of Record of Conviction or Bail Forfeiture
That right has hard limits. You cannot deny the conviction when dealing with an employer, licensing board, or agency that has statutory access to sealed records. Law enforcement jobs, nursing licenses, teaching positions involving children, and any other role that triggers a BCI records check under Section 109.572 require disclosure. Denying a sealed conviction to an entity that can see it anyway is treated as dishonesty on the application and becomes an independent reason for disqualification.
If a Sealed Record Shows Up on a Background Check Anyway
A private background check company that reports your sealed record has likely violated the Fair Credit Reporting Act. The CFPB has stated that reporting agencies must have reasonable procedures to prevent sealed records from appearing in consumer reports.3Consumer Financial Protection Bureau. Fair Credit Reporting – Background Screening Dispute the report in writing with the company. Under the FCRA, the company must investigate and correct or remove inaccurate information. Keep copies of the sealing order and all correspondence; those documents become your evidence if the problem does not get fixed and you have to sue.