Expungement in Ohio: Clearing Your Criminal Record

A criminal record can follow you long after you’ve served your sentence, making it harder to find a job, rent an apartment, or move forward with your life. Fortunately, Ohio law allows certain individuals to expunge or seal their records under specific circumstances. Understanding expungement in Ohio—who qualifies, how to apply, and which offenses are eligible—is the first step toward a clean slate. 

Let’s break down everything you need to know about record expungement in Ohio, including the latest updates to Ohio expungement law, what felonies and misdemeanors can be expunged, and how to start the process.

What Is Expungement in Ohio?

Expungement is a legal process that removes a criminal conviction from your public record. In Ohio, it is often referred to as “sealing” a record—meaning that while the record technically still exists, it’s hidden from public view. Employers, landlords, and most background checks won’t be able to see it once expunged.

Under Ohio’s expungement law, the goal is rehabilitation. The law gives individuals who’ve demonstrated responsibility after a conviction the opportunity to rebuild their lives without being weighed down by their past mistakes.

Who Qualifies for Expungement in Ohio?

Not everyone with a criminal record qualifies. The Ohio expungement law sets out specific eligibility requirements that depend on the nature of the offense, the amount of time that has passed since the conviction, and the individual’s overall criminal history. To qualify, you must have completed all sentencing requirements, including probation, community service, and restitution, before submitting your application. You’ll also need to observe a waiting period—typically between one and three years after completing your sentence—depending on the type of offense. Additionally, applicants must have a clean record, meaning they have no pending criminal charges or recent convictions. Lastly, it’s important to note that some serious offenses are not eligible for expungement in Ohio, so understanding the type of offense on your record is crucial before applying.

What Felonies Can Be Expunged in Ohio?

If you’ve been convicted of a felony, there’s good news: many felony expungement petitions in Ohio are approved, especially for non-violent crimes. Under the Ohio expungement law, individuals can apply to have certain felonies removed from the public record. Most fourth- and fifth-degree felonies qualify if they are non-violent and not sex-related. Many non-violent drug offenders also qualify, as do certain property-related crimes such as theft, forgery, and tampering with records, depending on the severity of the case and the person’s prior record.

However, not all felonies are eligible for this program. Crimes of violence—such as murder, rape, or kidnapping—cannot be expunged, nor can sexual offenses, crimes involving minors, or most first- and second-degree felonies, though there are a few exceptions. If you’re unsure whether your case qualifies, consulting an attorney experienced in felony expungement in Ohio can help you determine your eligibility and guide you through the process. 

How to Expunge a Misdemeanor in Ohio in 5 Steps

Misdemeanor offenses are the most commonly expunged records in Ohio. The process of expunging a misdemeanor in Ohio involves several legal steps, including:

1. Determine Eligibility

Ensure your offense is eligible under Ohio expungement law. Most non-violent misdemeanors qualify, including theft, disorderly conduct, and certain traffic offenses.

2. File a Petition

You’ll need to file a petition for record expungement in Ohio in the court where your case was handled. The petition should include your personal details, case number, and a formal request for expungement.

3. Notify the Prosecutor

Once the files are received, the court will notify the local prosecutor’s office. The prosecutor has the right to object to your petition within a specific timeframe. 

4. Attend a Hearing

In many cases, a hearing will be scheduled. You’ll have the opportunity to explain to the judge why you deserve expungement—showing good behavior, rehabilitation, and the importance of clearing your record.

5. Court Decision

If the judge grants your petition, your record will be sealed or expunged. This means it will no longer appear in most background checks. 

Free Expungement in Ohio: Is It Possible?

If you’re worried about the cost of filing for expungement, you might be wondering whether free expungement in Ohio is available. While courts typically require a filing fee for record sealing, some counties and organizations offer assistance to individuals who can’t afford the cost. Nonprofit legal aid societies often provide free or low-cost help with completing and filing expungement petitions. However, the chances of approval are much lower with such free services than when clients use an experienced, licensed attorney. 

Certain Ohio counties also host free expungement clinics, where volunteer attorneys walk participants through the process and ensure all documents are prepared correctly. In some cases, individuals may qualify for a court filing fee waiver if they can demonstrate financial hardship. Even if the process isn’t entirely free, many find that the relatively small expense is well worth the life-changing benefits of clearing a criminal record. 

Why Expungement Matters

The effects of a criminal conviction can extend far beyond the courtroom. Having your record expunged can open doors that were previously closed, making it easier to secure employment, qualify for housing or loans, and restore professional licenses. It can also help you move forward in your personal life by reducing social stigma and giving you the confidence to rebuild without the shadow of a past mistake. For many, expungement in Ohio is more than a legal procedure—it’s an essential milestone in reclaiming independence and control over one’s future.

Recent Updates to the Ohio Expungement Law

The Ohio expungement law has seen significant updates in recent years, expanding access and simplifying the process for eligible individuals. Recent legislative changes have expanded the range of misdemeanor and lower-level felony convictions that can be sealed, reduced the waiting period before applying, and permitted multiple expungements for individuals with multiple minor convictions. These updates reflect the state’s growing focus on rehabilitation and second chances, enabling more people to move beyond past mistakes and reintegrate successfully into society. By removing barriers to reentry, Ohio is providing individuals with the opportunity to start anew and make a positive contribution to their communities. 

How Long Does Record Expungement in Ohio Take?

The time it takes to complete a record expungement in Ohio can vary depending on the complexity of your case and how busy the court system is. After you file your petition, the process typically begins with the court notifying the prosecutor’s office, which has up to several weeks to respond or object. From there, a hearing is usually scheduled within one to three months. Altogether, the process can take anywhere from three to six months to finalize. While this timeline may vary, working with a knowledgeable attorney can help ensure your petition is handled efficiently and accurately. 

Should You Hire an Attorney for Expungement in Ohio?

While it’s possible to file for expungement on your own, partnering with an experienced attorney can significantly improve your chances of success. A lawyer familiar with Ohio expungement law can confirm your eligibility, prepare the necessary paperwork accurately, and represent you in court hearings. They can also respond to objections from prosecutors and identify any legal strategies that may strengthen your case. Attorneys experienced in felony expungement in Ohio understand the nuances of the law and can help you navigate the process with confidence, ultimately increasing the likelihood of achieving a clean record. 

Take Control of Your Future with Jay Perez Law

If you’re ready to move forward with expungement in Ohio, don’t do it alone. The experienced team at Jay Perez Law has helped countless clients clear their records and reclaim their futures. Whether you need help understanding what felonies can be expunged in Ohio or you’re seeking financial guidance for an expungement in Ohio or other appeals, Jay Perez Law can lead you through every step of the process. Begin your journey toward a fresh start. Contact Jay Perez Law for a confidential consultation and find out if you qualify for record expungement in Ohio. Your second chance begins now.