Understanding Ohio Expungement Law: Sealing Criminal Records Under ORC § 2953.32

Ohio's Record Sealing Framework

Ohio does not use the term "expungement" in the way that many other states do. Instead, the Commonwealth refers to the process as "sealing" of criminal records — and while the terminology differs from the popular usage, the practical effect for most purposes is comparable to what other states call expungement. When an Ohio court orders a record sealed, it becomes inaccessible to the general public and to most employers conducting standard background checks.

The primary statute governing this process is ORC § 2953.32, which has been significantly revised and expanded in recent years. The most dramatic changes came with the passage of Senate Bill 288, which took effect on April 4, 2023, and substantially broadened who may seek sealing relief in Ohio. Any Ohio resident evaluating whether their record qualifies should apply the post-SB 288 standards, as the old frameworks were largely superseded.

For a detailed breakdown of current eligibility rules and the filing process in Ohio, visit the Ohio expungement guide.

Senate Bill 288: A Fundamental Expansion

Before Senate Bill 288, Ohio's sealing law was notably restrictive by national standards. A person could have at most two eligible felony convictions and one eligible misdemeanor conviction sealed. These limitations excluded a significant portion of the population who might otherwise have benefited from sealing. SB 288 addressed this directly.

Under the post-SB 288 framework, the number of eligible felony convictions that may be sealed increased from two to five. The limitation on misdemeanor convictions was eliminated entirely — a person may now seek sealing for an unlimited number of misdemeanor convictions, subject to the applicable waiting periods and the specific ineligibility rules that apply to certain offense types. The legislature also added numerous offense types to the eligible list that had previously been excluded.

This expansion reflected a growing recognition in Ohio, as in other states, that the collateral consequences of a criminal record — barriers to employment, housing, licensing, and education — often extend far beyond what any sentencing judge contemplated, and that keeping old records accessible indefinitely can undermine rather than serve the goals of the criminal justice system. SB 288 was a direct legislative response to that concern.

How Sealing Works Under ORC § 2953.32

When an Ohio court grants a petition to seal a record under § 2953.32, the conviction or arrest is not destroyed, but it is removed from public access. The Ohio Bureau of Criminal Investigation (BCI) notates the record as sealed in its databases, and the notated record is no longer accessible through standard public background check systems. Courts and law enforcement agencies receive notification to restrict public access to the underlying case file.

For most practical purposes, a person with a sealed record may lawfully state that they have not been convicted of the sealed offense on most job applications and rental applications. Ohio's sealing statute explicitly provides that a sealed record shall be treated as though it does not exist for these purposes. This is a meaningful form of relief — it allows individuals to compete fairly in the job market without the automatic disqualification that many employers apply to any criminal record.

The caveat is that sealing does not create a universal fiction. Law enforcement retains access to sealed records for investigative and prosecutorial purposes. Courts can access prior sealed records in subsequent criminal proceedings. And as discussed below, several categories of employer and licensing body retain access regardless of the sealing order.

Waiting Periods by Offense Category

Ohio's waiting periods vary based on the severity of the offense and begin running after the completion of the sentence — meaning after all probation or community control supervision has ended, all fines have been paid, and any incarceration term has been served.

Arrests that did not result in conviction are the most straightforward category: there is no waiting period. A person who was arrested and had charges dismissed, was acquitted, or otherwise was not convicted may file a sealing application immediately after the case resolution. This is consistent with the principle that an arrest without conviction should not create a permanent public record burdening the person arrested.

For misdemeanor convictions, the waiting period under post-SB 288 law is one year. This is a relatively short window compared to many states, and it reflects Ohio's intent to make relief accessible without requiring years of delay for lower-level offenses.

Felony 4 and Felony 5 convictions — the two least serious felony tiers in Ohio — carry a three-year waiting period. Felony 1, Felony 2, and Felony 3 convictions require a four-year waiting period. Throughout the waiting period, the petitioner must not incur any new convictions, as a new conviction generally restarts the clock and may affect eligibility.

Offenses That Cannot Be Sealed

Ohio law lists specific categories of offense at ORC § 2953.36 that are not eligible for sealing regardless of the waiting period or the petitioner's subsequent conduct. These exclusions are categorical and courts have no discretion to grant sealing petitions for ineligible offenses even in sympathetic circumstances.

Violent felonies constitute one of the largest exclusion categories. First-degree felony convictions for murder and related offenses are expressly ineligible. Rape, kidnapping, and other serious sex offenses are excluded. The broader category of sexually oriented offenses requiring registration on the sex offender registry under Ohio law are also excluded — the legislature determined that the public safety rationale for maintaining accessible records in these cases outweighs the individual's interest in sealing.

Most offenses against children are ineligible for sealing. This includes child endangerment, sexual offenses involving minors, and similar crimes where the victim's vulnerability is a central part of the offense.

OVI (Operating a Vehicle under the Influence) convictions with certain prior convictions on record are excluded from sealing. Ohio takes impaired driving seriously from a public records perspective, and while a first-offense OVI may in some circumstances be addressed differently, repeat OVI offenders face a categorical bar.

Domestic violence convictions occupy a nuanced position. Some domestic violence-related offenses are ineligible under the existing exclusions for violent offenses; others may depend on the specific charge. Anyone with a domestic violence-related conviction should carefully review current statute text or consult an attorney rather than assuming eligibility.

The Employment Exemption and Licensing Boards

One of the most important practical aspects of Ohio's sealing law is the employment exemption framework built into § 2953.32. The statute's general rule is that a sealed record "shall be deemed not to exist" for most purposes — but the legislature carved out several categories of employer and institution that retain access even after sealing.

Law enforcement agencies and criminal justice institutions can access sealed records for employment screening purposes. Licensed professions regulated by state boards — including medicine, dentistry, law, nursing, real estate, and many others — also retain access for the purpose of evaluating licensure applications. This is a significant limitation for individuals seeking to enter licensed professions, as the sealing of a conviction does not prevent a licensing board from considering it.

Positions that involve working with minors are another category where the exemption applies. Schools, childcare facilities, and similar employers conducting background checks for positions involving children or vulnerable populations retain access to sealed records. This reflects the legislature's determination that the protective purposes served by background checks in these contexts override the individual's interest in privacy.

For most private-sector employment — retail, manufacturing, food service, office work, and many others — sealing provides genuine relief. The sealed record should not appear on a standard commercial background check, and the employer asking about prior convictions on an application is presenting a question that the individual may lawfully answer "no."

The Petition Process

Ohio does not have automatic expungement or sealing for most adults. Unlike Michigan's Clean Slate law or Pennsylvania's automated sealing under § 9122.2, Ohio requires a petitioner to affirmatively seek sealing through the court system.

The petition is filed in the court where the conviction occurred — the Municipal Court for misdemeanors in most cases, and the Court of Common Pleas for felonies. Filing fees vary by county but typically range from $50 to $100 for the court filing itself. Attorney fees, if the petitioner retains counsel, are additional and vary based on the complexity of the case.

After the petition is filed, the court schedules a hearing, though the hearing is not always contested. The prosecutor's office receives notice of the petition and has the opportunity to review the filing and decide whether to oppose it. If the prosecutor objects, the objection is typically filed before the hearing, and the petitioner and prosecutor both have the opportunity to address the court.

At the hearing, the court considers several factors: the nature of the underlying offense, the petitioner's rehabilitation and conduct since the conviction, the needs and interests of the petitioner in obtaining relief, and the government's interest in maintaining public access to the record. The standard under Ohio law is whether the interests of the petitioner outweigh the legitimate government interest in maintaining the record. Judges have discretion, and outcomes are not guaranteed.

If the petition is granted, the court issues a sealing order to the applicable law enforcement agencies and the Ohio BCI. Those agencies are required to restrict access to the record and to respond to public record inquiries by indicating that no records exist on the subject — unless the inquiry comes from a law enforcement or other exempt agency.

What Ohio Sealing Does Not Cover

Ohio sealing, like all state-level record relief, operates within the boundaries of Ohio's own criminal justice infrastructure. Federal databases maintained by the FBI, including records in the National Crime Information Center, are separate from Ohio's state repositories and are not automatically updated when an Ohio court issues a sealing order. Ohio law requires notification to relevant state agencies, but the federal update process is less certain.

This matters practically for individuals applying for federal employment, military service, or any position requiring a federal security clearance. Even with a sealed Ohio record, those processes involve federal background investigations that may surface the underlying conviction through federal channels. Sealing provides very substantial relief for most private employment and state-level purposes, but it is not a guarantee that the record has been removed from every conceivable database.

Ohio also does not provide for automatic expungement of sealed records after an additional waiting period, unlike some states that treat a sealed record as eligible for later expungement. Once sealed under § 2953.32, the record remains sealed unless a subsequent conviction causes it to be unsealed, but it is not subject to automatic destruction.

Comparing the Old and New Frameworks

Prior to Senate Bill 288, Ohio operated a parallel framework under ORC §§ 2953.31 through 2953.37, sometimes called the "first offender expungement" provisions. These provisions allowed sealing for eligible first offenders with very limited prior criminal history. SB 288 effectively superseded much of this older framework by expanding eligibility so substantially that the first-offender provisions are rarely the more relevant pathway for most petitioners.

Anyone who was previously ineligible under the old framework because they had more than one felony or more than one misdemeanor should evaluate their eligibility under the post-SB 288 standards. The expansion is not retroactive in the sense of automatically sealing previously ineligible records, but it does mean that people who could not have filed under the old law may now be eligible to petition.

Moving Forward in Ohio

For Ohio residents carrying the weight of old criminal records, Senate Bill 288 opened a meaningful pathway that did not exist before April 2023. The combination of expanded felony eligibility, unlimited misdemeanor eligibility, and the relatively accessible waiting periods — one year for misdemeanors, three to four years for felonies — means that a substantial number of Ohioans who were previously locked out of the sealing process now have a realistic avenue to seek relief.

The process requires filing a petition, paying the applicable fee, and attending a hearing, but it does not require an attorney, and many Ohio courts have simplified their petition forms to make the process more accessible. For records involving multiple convictions, complex offense categories, or situations where the prosecutor is likely to object, consulting with an Ohio criminal defense attorney is a worthwhile investment that may significantly improve the outcome of the petition.