Expungement 2023

What is the difference between an expungement and record sealing?

• Expungement:
  • Under Ohio law, expungement means a court order to destroy/delete the record — for most purposes, it is as if the conviction or case never happened. However, certain limited records (e.g., fingerprint or other official law-enforcement data) may still be retained under Ohio law.
  • Eligible minor misdemeanors can be expunged after 6 months.
  • Eligible M1-M4 misdemeanors can be expunged after one year.
  • Eligible felonies can be expunged after 11-13 years.
• Record Sealing:
  • Sealing removes the case records from public view — the case no longer appears in public indexes or most background checks (employers, landlords, schools), but the government retains the record and may access it under certain circumstances (e.g., criminal-justice, licensing, law enforcement).
• Record sealing / expungement laws in Ohio have expanded quite a bit over the last 10 years. Especially the number of charges a person can seal. If you were ineligible in the past, it’s important to contact an attorney to see if you may be eligible now.
• Sealed or expunged records are generally removed from public indexes and background-check databases, but may still be accessed by certain governmental or official entities (courts, law enforcement, licensing authorities).

What is the process for sealing / expunging a record?

• Determine whether the case is eligible (offense type, felony level, history of other convictions, final discharge status, etc.) under Ohio Revised Code Section 2953.32 et seq.
• File an application in the court that handled the conviction (or arrest/dismissal). For multiple cases, you may include more than one case in a single application.
  • If you have convictions in multiple courts, you will have to file applications in each court. There is no way to file a universal application that will cover all courts.
• Pay the required filing fee (statutory minimum $50), plus any local court fees.
• The probation department will then usually perform a background check and submit a report to the court and the prosecutor.
• The prosecutor has an opportunity to file an objection.
• The court will then set the case for a hearing.
• If the prosecutor (and, if applicable, victims) object, the judge will weigh the applicant’s interest in sealing/expungement against the public interest in keeping the record.
  • The law does not impose a statute-wide bar on re-filing if a sealing/expungement application is denied.
• If granted, the court orders the records sealed or expunged. The court notifies the appropriate state agencies (e.g., fingerprint-record repository) so indexes and references are removed.
  • If you want to double check that your records have been updated, you can go to your local sheriff’s office and pay to have them run a background check.
• Note: even if a record is sealed or expunged, it may still be considered by a court in the event of a subsequent conviction.

STEP 1: Which Records are NOT Eligible?

Under current law, the following are generally ineligible for sealing or expungement:

1. 1st or 2nd degree felonies;
2. 3rd degree felonies if the applicant has other felony convictions (or, if two 3rd-degree felonies, has more than two misdemeanors in addition);
3. Traffic-related offenses under Chapters 4506, 4507, 4510, 4511, 4549 of the Revised Code, for example:
   1. Chapter 4511: speed, OVI, driving while texting, etc.
      Chapter 4506: CDL related offenses
      Chapter 4507: driver's license-related offenses
      Chapter 4510: drivers license suspensions
      Chapter 4549: hit-skip, fictitious license palates, etc.
4. Domestic Violence convictions (R.C. 2919.25);
5. Violations of Protection Order convictions (R.C. 2919.27);
6. Crimes where the victim was under age 13 (with limited exception for non-support of dependents under R.C. 2919.21);
7. Certain offenses pursuant to statute, including many violent felonies and other serious crimes:
   • 2905.01 Abduction
   • 2909.02 Aggravated arson
   • 2903.12 Aggravated assault
   • 2911.11 Aggravated burglary
   • 2903.21 Aggravated menacing
   • 2903.01 Aggravated murder
   • 2917.02 Aggravated riot
   • 2911.01 Aggravated robbery
   • 2909.03 Arson
   • 2903.13 Assault
   • 2911.12 (A)(1), (2), or (3) Burglary
   • 2919.25 Domestic violence
   • 2919.22(B)(1), (2), (3), or (4) Endangering children
   • 2921.34 Escape
   • 2905.11 Extortion
   • 2903.11 Felonious assault
   • 2907.12 (former) Felonious sexual penetration
   • 2907.05 Gross sexual imposition
   • 2923.161 Improperly discharging firearm
   • 2917.01 Inciting to violence
   • 2917.31 Inducing panic
   • 2921.03 Intimidation
   • 2921.04 Intimidation of attorney, victim, or witness
   • 2903.04 Involuntary Manslaughter
   • 2905.01 Kidnapping
   • 2903.22 Menacing
   • 2903.211 Menacing by stalking
   • 2903.02 Murder
   • 2903.34(A)(1) Patient Abuse or Neglect
   • 2903.15 Permitting child abuse
   • 2907.02 Rape
   • 2917.03 Riot
   • 2911.02 Robbery
   • 2907.03 Sexual battery
   • 2903.18 Strangulation or suffocation
   • 2909.24 Terrorism
   • 2905.32 Trafficking in Persons
   • 2903.03 Voluntary Manslaughter
   • Attempt, conspiracy, or complicity of any listed offense
8. Sexually oriented offenses when the offender is subject to the registry requirements of Ohio Revised Code Chapter 2950 (sex-offender registry) — i.e., many sex-offenses remain permanently excluded.
   • 2905.02(B) Abduction
   • 2903.01 Aggravated murder
   • 2907.21 Compelling prostitution
   • 2905.05(B) Criminal child enticement
   • 2919.22(B)(5) Endangering children
   • 2903.11 Felonious assault
   • 2907.05 Gross sexual imposition
   • 2907.323 Illegal use of minor in nudity-oriented material or performance
   • 2907.07 Importuning
   • 2903.04(A) Involuntary manslaughter
   • 2905.01 Kidnapping
   • 2903.211(A)(3) Menacing by stalking
   • 2903.02 Murder
   • 2907.32 Pandering obsenity
   • 2907.321 Pandering obscenity involing a minor or impaired person
   • 2907.322 Pandering sexually oriented matter involving a minor or impaired person
   • 2907.22 Promoting prostitution
   • 2907.09 Public indecency
   • 2907.02 Rape
   • 2907.03 Sexual battery
   • 2907.06 Sexual imposition
   • 2905.32 Trafficking persons
   • 2905.03(B) Unlawful restraint
   • 2907.04 Unlawful sexual conduct with minor
   • 2903.03(B) Voluntary manslaughter
   • 2907.08 Voyeurism
   • Tier III, such as Rape, Sexual Battery, GSI/victim under 12 where offenders are required to register every 90 days for life.
   • Tier II, such as Compelling prostitution, Trafficking in persons where offenders are required to register every 180 days for 25 years.
   • Tier I, such as Importuning, Voyeurism, Pandering obscenity where offenders are subject to registration once every 12 months for up to 15 years.

Certain misdemeanor convictions — even domestic-violence misdemeanors (3rd/4th degree) — may now be sealable (though not expungeable).

STEP 2: When can a person apply? 

The applicant must not have any open or pending criminal cases, including warrants and traffic cases, which may include warrants, traffic cases, and community control.

All convictions on the application must reach final "discharge" and the applicable waiting period. A case is "discharged" when a person has fully completed any jail or prison sentence, any terms of probation or parole, and all payments of fines or fees that were a penalty for the conviction. Court costs are not part of a sentence, and unpaid court costs should not block an application.

• Minor Misdemeanor = 6 months after discharge
• Misdemeanor (M1-M4) = 1 year after discharge
• 4th or 5th degree felonies = Sealing: 1 year after discharge; Expungement: 10 years after becoming eligible to seal felony record (i.e., 11 years).
• 3^rd degree Felonies = Sealing: 3 years after discharge; Expungement: 10 years after becoming eligible to seal felony record (i.e., 13 years).
• Offenses subject to 2950 reporting (sex offenses) = 5 years after reporting requirements end or are terminated
• Theft in office (R.C. 2921.43) = 7 years after discharge
• Bail Forfeiture = Any time after the date which the forfeiture was entered upon the court minutes or journal
• "No Bill" = 2 years after the decision is reported;
• Not Guilty, Dismissal, No Bill = Can be sealed or expunged generally at any time once the case is closed (i.e. no waiting period).
  • State v. Dye, Slip Opinion No. 2017-Ohio-7823, (Sept. 27, 2017) - Pursuant to R.C. 2953.52(B)(4), a trial court may seal the records in a case dismissed without prejudice before the statute of limitations has expired.

STEP 3: How does a person apply?

• File an application in the court you were convicted, along with a $50 filing fee, plus any local court fees;
• Case will be set for a hearing;
• The State may file an objection to your application for sealing / expungement;
• Even if the State files an objection, applicants must still attend the hearing to explain why they would like to seal or expunge their records over the prosecutor's objection.

STEP 4: Preparing for hearing:

• At the hearing, the court will make sure that the applicant has no open or pending cases, that all cases on the application have reached final discharge, and that each offense is eligible for sealing or expungement.
• Applicants should be prepared to discuss steps they have taken toward rehabilitation, including any therapy, substance abuse counseling, etc.
• Applicants will need to show that their interests in having the record sealed / expunged outweighs the government's interest in keeping the record public. This can be any reason the applicant wants the record addressed, such as better job opportunities, housing, volunteering, etc.

WANT TO DISCUSS YOUR CASE?

Unsure whether you qualify for expungement? Call Dimitri Makridis at (330) 394-1587.

---

Copyright © 2025 Makridis Law Firm, LLC, all rights reserved.

183 W Market St 2nd Floor, Warren, OH 44481   (330) 394-1587