How to Expunge a Felony Record in Ohio: Eligibility and Process

Expunging a felony record in Ohio can open doors you thought were permanently closed. The process on How to Expunge a Felony in Ohio isn’t simple, but understanding how to expunge a felony record in Ohio could literally change your life trajectory. Hire Now A Programmer Now for your expungement.

What most people don’t realize is that Ohio’s expungement laws have evolved significantly in recent years. Even certain serious felonies that were once permanent can now potentially be cleared from your record.

But here’s what keeps many eligible Ohioans stuck with their record: not knowing if they qualify or where to start. So do you meet the criteria?

How to Expunge a Felony in Ohio Court Records

Understanding Ohio Court Records

Navigating Ohio court records can feel like wading through quicksand when you’re trying to expunge a felony. But here’s the thing – understanding how these records work is crucial to your success.

Ohio maintains public court records at county and state levels. Every time you’ve been arrested, charged, or convicted, it’s sitting there in black and white for anyone to see. Potential employers, landlords, nosy neighbors – they can all access this information.

The good news? Not all records are equally accessible. Some older records might only exist on microfilm or paper in courthouse archives, while newer ones are typically available online through county clerk websites.

Accessing Your Criminal Records

Before starting the expungement process, you need to know exactly what you’re dealing with. You can:

• Visit your county clerk’s office and request copies of your records
• Use the Ohio Supreme Court’s online portal to search public case information
• Request a background check from the Ohio Bureau of Criminal Investigation

Getting these records isn’t just helpful – it’s essential. The expungement application requires specific case numbers and accurate conviction dates. Plus, seeing exactly what appears on your record helps you understand what potential employers are seeing.

Don’t guess about what’s on your record. The last thing you want is to file for expungement only to discover you missed something or weren’t eligible in the first place. Knowledge is power when it comes to clearing your name.

The Difference Between Sealing and Expunging Criminal Records

Let’s Clear Up the Confusion

Many people use the terms “sealing” and “expungement” interchangeably, but in Ohio, they’re actually two different legal processes with different outcomes.

When a record is sealed in Ohio, it still exists but becomes hidden from public view. Think of it like putting your criminal record in a locked file cabinet that only certain government agencies and officials can access. Potential employers, landlords, and the general public won’t see these records during background checks.

Expungement, on the other hand, is more comprehensive. When a record is expunged, it’s actually destroyed or deleted from public records. It’s as if the offense never happened in the first place.

Who Can See What?

Here’s the breakdown of who can still access your information:

Record Status	General Public	Law Enforcement	Courts	Certain Employers
Sealed	No	Yes	Yes	Some (healthcare, childcare)
Expunged	No	Very limited	Very limited	Almost none

In Ohio, the process commonly called “expungement” is technically record sealing. True expungement is generally only available for juvenile records or victims of human trafficking.

The good news? For most practical purposes, sealing your record in Ohio accomplishes what you need – giving you a fresh start without the burden of past mistakes following you around.

How to Seal a Criminal Record in Ohio

Filing a Motion to Seal

Getting your record sealed in Ohio starts with filing a motion with the court that handled your original case. Don’t let the legal terminology intimidate you – the process is straightforward if you follow these steps:

1. Obtain the application form from your county clerk’s office
2. Complete all required information accurately
3. Pay the filing fee (typically $50-$100, though this varies by county)
4. Submit your completed application to the clerk

The court will then set a hearing date, usually within 6-8 weeks of filing.

The Court Hearing Process

When your hearing day arrives, dress professionally and arrive early. The prosecutor might object to your application, so be prepared to explain why sealing your record benefits you without endangering public safety.

The judge will consider:

• Your behavior since conviction
• Your reason for wanting the record sealed
• Whether you’ve been rehabilitated
• If the public’s need to know outweighs your privacy interest

Most hearings last only 10-15 minutes. The judge may announce their decision immediately or take time to review your case.

After Approval

If approved, the court sends sealing orders to all relevant agencies. This process takes 2-3 months to complete. Once sealed, your record won’t appear in standard background checks, though certain government agencies may still access it.

Remember to keep a copy of your sealing order – you might need it if your record unexpectedly appears in the future.

What Crimes Can Be Expunged in Ohio

Eligible Crimes for Expungement

Not all felonies in Ohio can be wiped clean from your record. The state draws some pretty clear lines about what can and can’t be expunged.

Generally, non-violent, lower-level felonies have the best shot at expungement. Fourth and fifth-degree felonies? Those are prime candidates. Third-degree felonies might qualify too, but with more strings attached.

Some examples of expungement-eligible felonies include:

• Drug possession (not trafficking)
• Theft offenses (below certain dollar amounts)
• Forgery
• Receiving stolen property
• Some property crimes

But here’s what definitely won’t make the cut:

• Violent felonies (assault, robbery)
• Sex offenses
• Offenses against minors
• First and second-degree felonies
• DUI/OVI offenses
• Domestic violence convictions

The hard truth? If your crime involved violence, weapons, or serious harm to others, Ohio likely won’t let you expunge it.

Multiple Convictions

Got more than one felony on your record? That complicates things.

Ohio law limits how many convictions you can expunge:

• Two felonies maximum
• Up to four misdemeanors
• Or a combo: one felony and two misdemeanors

Each conviction gets counted separately, and there’s a waiting period between when you can file for multiple expungements.

Remember that related offenses from a single incident might count as just one conviction for expungement purposes—which could work in your favor.

How to Expunge Criminal Records in Ohio

Step 1: File Your Application

Getting your record expunged in Ohio starts with the right paperwork. You’ll need to grab an “Application for Sealing of Record” from your county clerk’s office or sometimes online. This isn’t just any form – it’s your ticket to a clean slate.

Fill out every section carefully. One wrong detail could send you back to square one. The form asks about your conviction, when it happened, and which court handled your case. You’ll also need to attach certified copies of your conviction and discharge papers.

Step 2: Pay the Filing Fee

Money talk – there’s usually a filing fee between $50 and $100, depending on your county. Can’t afford it? Don’t panic. Many courts offer fee waivers if you’re struggling financially. Just ask about an “affidavit of indigency” when you file.

Step 3: Court Review and Hearing

Once you’ve filed, the court sends your application to prosecutors and victims (if applicable). They get a chance to object – that’s just how the process works.

The court schedules a hearing where a judge reviews your case. Sometimes you won’t even need to appear if there are no objections. But if you do, come prepared to explain why you deserve this fresh start.

If approved, the court sends orders to all agencies with your records. The actual expungement takes about 6-8 weeks to complete across all systems.

Do Sealed Records Show up in Ohio Background Checks?

When your record is sealed in Ohio, most standard background checks won’t reveal it. That’s the whole point of sealing a record—to keep it private from most employers, landlords, and the general public.

Who Can Still See Your Sealed Record

Not everyone is locked out, though. Certain agencies and employers can still peek behind the curtain:

• Law enforcement agencies
• Criminal justice agencies
• Some government employers
• Employers in healthcare, childcare, and senior care
• Jobs requiring security clearances

Think of sealing as putting your record in a locked box rather than destroying it completely. The key is just limited to specific people in specific situations.

BCI Background Checks and Sealed Records

The Bureau of Criminal Investigation (BCI) handles many background checks in Ohio. When they run a check on someone with a sealed record:

• Standard BCI checks: Your sealed record won’t appear
• BCI checks for sensitive positions: Your record may show up

Private Background Check Companies

Here’s where it gets tricky. Private companies sometimes use outdated databases. They might accidentally report sealed records because they haven’t updated their information.

If you find a sealed record showing up incorrectly on a background check, you have rights. You can dispute the report with the background check company and provide proof that your record has been sealed.

The bottom line? Sealing your record provides strong privacy protection in most situations, but it’s not an invisible cloak in all circumstances.

Who Can See Sealed Criminal Records in Ohio

Even after your record gets sealed in Ohio, it doesn’t completely disappear. While the general public can’t see it anymore, certain entities still have access.

Who Can Still See Your Sealed Records

Law enforcement agencies don’t lose their ability to view your sealed records. Police departments, prosecutors, and courts can still access this information if you’re involved in future criminal investigations or proceedings.

If you’re applying for specific jobs, your sealed record might still be visible. This includes positions working with children, elderly people, or individuals with disabilities. The same goes for certain healthcare roles and positions requiring high security clearance.

Government Access Exceptions

State licensing boards can peek at your sealed records when you apply for professional licenses. This matters for folks seeking licenses in fields like nursing, law, real estate, or other regulated professions.

When you’re in court for another case, judges may review your sealed records during sentencing. This helps them make informed decisions based on your complete history.

Practical Impact

Think of record sealing as hiding your history from most everyday situations rather than erasing it completely. You can legally say “no” when most employers ask if you have a conviction, but specialized background checks for sensitive positions will still reveal sealed records.

The good news? Most private employers, landlords, and the general public won’t be able to see these records, giving you a much better chance at moving forward with your life.

How to Obtain Sealed Records in Ohio

Accessing Previously Sealed Records

Getting your hands on sealed records in Ohio isn’t as straightforward as requesting a copy of your birth certificate. There’s a process, and you need to know the rules.

First, you’ll need to file a petition with the court that handled your case. This means paperwork – specifically, a “Motion to Inspect Sealed Records.” Don’t wing it. The court has specific forms for this.

You can’t just say “I want to see my records” and expect results. You need a legitimate reason. The law limits who can access sealed records and why. Common valid reasons include:

• You’re applying for a job that legally requires disclosure
• You’re facing new criminal charges and need your history
• You’re applying for certain professional licenses

Who Can See Sealed Records?

Even after sealing, some entities can still peek at your records:

• Law enforcement agencies (during investigations)
• Prosecutors (if you’re charged with a new offense)
• Some government licensing boards
• Certain employers (like those working with vulnerable populations)

The good news? Most private employers and landlords won’t see these records during background checks.

If the court grants your request, you’ll typically receive copies of the records with specific instructions about their use. Remember, just because you can access them doesn’t mean you can share them freely. They’re still legally sealed for most purposes.

Navigating the process of expunging or sealing a felony record in Ohio requires understanding the eligibility criteria and following the correct legal procedures. By knowing the difference between sealing and expungement, identifying which crimes qualify for expungement, and following the proper application process, individuals can take significant steps toward clearing their record and opening new opportunities for employment, housing, and education.

Remember that even sealed records remain accessible to certain entities, including law enforcement agencies and some employers in specific sectors. If you’re considering expunging your record in Ohio, consulting with an experienced attorney can help ensure you meet all requirements and correctly complete each step of the process. Taking action today to address your criminal record can lead to a brighter and less restricted future tomorrow.