As of April 4, 2023, new laws have made many changes to sealing and expungement processes in Ohio. Under the new laws, a person may be eligible to have their criminal conviction sealed or expunged so long as the conviction is not for an offense that is prohibited from sealing and the applicant has waited the proper length of time. A non-conviction (dismissal, no bill, etc.) can continue to be sealed under these new laws.
What is the difference between sealing a record and expunging a record?
Sealing a criminal case record means that it is unavailable for public access. This record is not destroyed or erased because there are many circumstances in which the court documents from that case can be accessed, such as for some types of background checks. When a criminal case is expunged, the records are permanently destroyed so that the record is “permanently irretrievable” – no case documents can ever be accessed.
Is my case eligible for sealing or expungement?
Your case may be eligible for sealing or expungement if (1) it is not a prohibited offense and (2) you have waited the proper length of time.
Some types of felonies that are not eligible for sealing or expungement:
• Some sexually oriented offenses with registration requirements
• Convictions of an offense where victim is under 13 (except for non-support)
• Convictions of domestic violence or violating a protection order
• Any 1st or 2nd degree felony or more than two 3rd degree felonies
• Any felony offense of violence
Some types of municipal court cases are not eligible for sealing or expungement:
• Convictions under R.C. 4506 (CDLs)
• Convictions under R.C. 4507 (Driver’s License Laws)
• Convictions under R.C. 4510 (License Suspension/Cancellation/Revocation)
• Convictions under R.C. 4511 (Traffic Laws, such as OVI)
• Convictions under R.C. 4549 (Motor Vehicle Crimes such as Fictitious Plates)
• Some sexually oriented offenses with registration requirements
• Convictions of an offense where victim is under 13 (except for non-support)
• Convictions of domestic violence or violating a protection order
What is the waiting period to seal felony offenses?
• Three years after the final discharge if convicted of one or more 3rd degree felonies
• One year after the final discharge if convicted of one or more 4th or 5th degree felonies
• If the offender is subject to sex offense registration requirements, 5 years after registration requirement ends
• Dismissals/no bills/not guilty – can be sealed after the finding is entered by the court
• For bail forfeiture – any time after the date on which the forfeiture was entered
What is the waiting period for expunging felony offenses?
• Ten years after the time period specified at which the person can apply to have a case sealed
• For bail forfeiture, three years after the date on which the forfeiture was entered
What is the waiting period for a misdemeanor offense?
Misdemeanors have the same waiting period for expunging or sealing a case:
• One year after the final discharge if convicted of one or more misdemeanor offenses
• Six months after final discharge of a minor misdemeanor conviction
• Bail forfeiture – any time after the date on which the forfeiture was entered
• Dismissals/no bills/not guilty – can be sealed after the finding is entered by the
court
Contact Conrad/Wood Law to have your case sealed or expunged: 740-277-6404 or www.conradwoodlaw.com/contact/