Clearing Your Record: Record Expungement in Ohio

What You Should Know About Criminal Records

This is the information age, and it seems like everyone has access to a computer and an amazing range of public records. That means that any public record of arrests, charges or convictions is accessible to potential employers, jealous ex-girlfriends, malicious gossips, even romantic interests. People tell me all the time that they check out their dates, babysitters, tenants and neighbors on line. If you have ever had a criminal charge filed against you, that information may be available online, since most courts have computerized their records and allow the public to access them. In larger metropolitan areas, the court clerk may even scan documents filed in a criminal case and place them online. Even if the charges were dismissed, or proven false, the record of arrest remains, and that fact alone may taint someone's opinion. Many states, Ohio included, provide at least limited means to remove records of arrests or conviction. This process is called expungement or sealing of the record.  "Expunge" means to destroy, delete, and erase a record, as appropriate for the record's physical or electronic form or characteristic, so that the record is permanently irretrievable. "Seal a record" means to remove a record from the main file of similar records and to secure it in a separate file that contains only sealed records accessible only to the proper authorities under certain circumstances.

Contents of this Page

• What Records Can Be Sealed?
• Dismissed Charges and Not Guilty Verdicts
• Juvenile Records
• Convictions in Other States
• Criminal Record Expungement
• Benefits of Sealing Criminal Records

What Records Can Be Sealed

Ohio permits an adult first offender to have certain felony or misdemeanor conviction records sealed. This is a one-time remedy, and does not apply if you have a prior or subsequent conviction for any criminal offense or for certain serious traffic offenses in addition to the offense you want to expunge. Some types of offenses are not expungeable, and the list keeps changing, so you will need to consult an attorney to determine if your offense is eligible. There is a waiting period of one year for misdemeanor convictions or three years for felony convictions. The waiting period starts when your case, including any penalty imposed, is completely over. If you are placed on probation, the waiting period does not start to run until your probation is terminated. If you are given time to pay a fine, the period starts when the fine has been paid in full. RECORDS ARE NOT SEALED AUTOMATICALLY IN ADULT COURT. If you do not file a motion to have your record sealed, it will remain public forever. There is usually a filing fee for this motion which covers the cost of an investigation to make sure you are eligible. A court appearance is generally required.

Dismissed Charges and Not Guilty Verdicts

If a charge filed against an adult is dismissed, or if the accused is found not guilty, he may apply to have the records sealed at any time. You do not have to be a first offender to request sealing of such records, nor is there a waiting period, except when the case is presented to a grand jury and ignored. Because cases can be presented more than once if more evidence is uncovered, you must wait two years after your case is ignored before you can file to have the arrest record sealed.

Sealing Juvenile Criminal Records

Ohio requires records of juvenile delinquency proceedings to be sealed if the juvenile is not found to be delinquent. It permits the court to seal records of other proceedings after two years, with or without a motion. This sealing is not automatic and does not apply to certain serious offenses. The prosecutor may object to sealing, and the court has the discretion to deny such a request if there is a good reason for maintaining the records.

Sealing Out-of-State Convictions

If your adult conviction was in another state, but would otherwise qualify for sealing under Ohio law, the Ohio court in the county where you live can grant a motion to seal your out-of-state conviction. The court can't order another state to seal its records, but any record of your conviction in Ohio, or that is obtained by an Ohio government agency, is covered by the law. No Ohio sheriff or state offender data base will be able to reveal your record, and you will be able to deny having a criminal conviction if asked by an Ohio employer or agency, except in certain specific situations.

What Records Can Be Expunged?

Ohio does not provide for complete expungement of adult records, but the juvenile court is required to expunge all sealed records five years after the court issues a sealing order or upon the twenty-third birthday of the person who is the subject of the sealing order, whichever date is earlier. If you can persuade the juvenile court to seal your record, it will eventually be expunged automatically.

Benefits of Sealing Criminal Records

Ohio law permits you to deny any conviction or arrest that has been sealed, and you may not be penalized for doing so, unless you are subject to a specific legal exception for a special situation. If you are asked whether you have ever been arrested or convicted of a criminal offense, you may legally answer "no." It is a crime in Ohio for a public official or employee to reveal information about a conviction that he knows has been sealed. If information appears in other places, like a credit report, or newspaper, you can insist that it be removed. An order sealing or expunging your record restores any rights of citizenship that might have been limited or denied because of your conviction. Records contained in public websites or available to the public in court offices will be removed from view or public access.