Expunging a Criminal Record in Ohio (2026)
Reviewed by DocDraft Legal Team · Ohio · Last updated August 19, 2026
Ohio offers two distinct forms of relief for eligible convictions: sealing, which hides the record from public view, and expungement, which destroys the record permanently. Both are governed by Ohio Revised Code 2953.32, which was broadly rewritten by Senate Bill 288, effective April 4, 2023. SB 288 eliminated the old rigid 'eligible offender' caps and let courts consider a much wider set of misdemeanors and felonies, with waiting periods measured from final discharge. First and second degree felonies, most offenses of violence, registrable sex offenses, and most traffic and OVI offenses remain excluded. You file the application in the sentencing court, and the Ohio Bureau of Criminal Investigation (BCI) updates the state repository.
Find out where you stand in Ohio
What are you trying to clear?
DocDraft provides document preparation, not legal advice.
What record-clearing relief does Ohio offer and what is it called?
Ohio offers two forms under ORC 2953.32: sealing, which hides the record from public view but still lets law enforcement and certain agencies see it, and expungement, which destroys the record permanently and irretrievably. Sealing generally has shorter waiting periods than expungement, and more offenses qualify for sealing.
How did Senate Bill 288 expand who can expunge or seal a record in Ohio?
SB 288, effective April 4, 2023, rewrote ORC 2953.32 and removed the rigid 'eligible offender' limit on the number of convictions. Courts now weigh each case individually, so a much wider set of misdemeanors and felonies became eligible for sealing or expungement, with waiting periods running from final discharge.
Can you seal or expunge a felony conviction in Ohio?
Yes, many felonies now qualify under SB 288. Fourth and fifth degree felonies can be sealed one year after final discharge and third degree felonies after three years. But first and second degree felonies, most offenses of violence, and registrable sex offenses stay excluded. Expungement of a felony has much longer waits.
Does Ohio have automatic 'clean slate' sealing without a petition?
Not broadly. Ohio remains largely petition-based: you must file an application in the sentencing court for most sealing and expungement relief under ORC 2953.32. Ohio has adopted narrow automatic-sealing paths, but there is no general statewide automatic clean-slate program that clears most eligible convictions without filing.
Ohio's Sealing vs. Expungement Split and the Senate Bill 288 Expansion
Ohio draws a sharp line between two remedies under Ohio Revised Code 2953.32. Sealing removes a record from public view while still allowing law enforcement, courts, and certain licensing and government agencies to see it; expungement goes further and permanently destroys the record so it is irretrievable. Senate Bill 288, effective April 4, 2023, was the biggest change in decades: it rewrote ORC 2953.32 and eliminated the old 'eligible offender' cap that limited how many convictions a person could clear, so courts now decide eligibility case by case across a far wider range of misdemeanors and felonies. Waiting periods run from final discharge. For sealing, a common pattern is six months for a minor misdemeanor, one year for other misdemeanors and fourth or fifth degree felonies, and three years for a third degree felony. Expungement carries much longer waits than sealing for the same offense. Categorical exclusions remain: first and second degree felonies, most felony offenses of violence, sexually oriented offenses that carry registration duties, offenses where the victim was under thirteen, and most traffic and OVI offenses cannot be sealed or expunged. Applications are filed in the sentencing court that handled the case, and once relief is granted the Ohio Bureau of Criminal Investigation (BCI) updates the state repository. Because judges weigh the applicant's interest against the state's interest and the prosecutor may object, outcomes are not automatic.
Relevant Laws
Ohio Sealing and Expungement Statute (ORC 2953.32)
Ohio Revised Code 2953.32 is the core statute for sealing (hiding a record from public view) and expungement (permanent destruction) of eligible convictions. Senate Bill 288, effective April 4, 2023, rewrote and consolidated this section and set the application, notice, and hearing procedure.
Senate Bill 288 (2022) Expanded Eligibility
SB 288, effective April 4, 2023, broadly expanded Ohio record-clearing by removing the rigid 'eligible offender' cap and letting courts consider a much wider set of misdemeanors and felonies for sealing or expungement on a case-by-case basis.
Waiting Periods and Excluded Offenses (ORC 2953.32)
Waiting periods run from final discharge, with sealing generally faster than expungement. First and second degree felonies, most offenses of violence, registrable sex offenses, offenses against victims under thirteen, and most traffic and OVI offenses are excluded from relief.
No General Federal Expungement of Ohio State Records
There is no general federal statute to expunge Ohio state convictions; record-clearing of a state conviction is governed by Ohio law under ORC Chapter 2953. Federal courts cannot seal or expunge an Ohio state record, so relief must be sought in the Ohio sentencing court.
Regional Variances
Ohio Sealing vs. Expungement Eligibility Table (ORC 2953.32, post-SB 288)
Relief type and legal effect
Ohio offers two remedies under ORC 2953.32. Sealing hides the record from public view but law enforcement, courts, and certain agencies can still see it. Expungement permanently destroys the record so it is irretrievable. Sealing generally has shorter waits and broader eligibility than expungement for the same offense.
Eligible offenses after SB 288 (effective April 4, 2023)
SB 288 removed the old 'eligible offender' cap on the number of convictions, so most misdemeanors and many felonies (including third, fourth, and fifth degree felonies) can now be considered for sealing or expungement. Courts decide eligibility case by case under ORC 2953.32 rather than applying a fixed count.
Waiting period by offense class (sealing, from final discharge)
Common sealing waits run from final discharge: about six months for a minor misdemeanor; one year for other misdemeanors and for fourth or fifth degree felonies (if not offenses of violence); and three years for a third degree felony. Expungement of the same conviction carries substantially longer waits than sealing.
Excluded offenses (cannot be sealed or expunged)
First and second degree felonies, most felony offenses of violence, sexually oriented offenses subject to registration, offenses where the victim was under thirteen, and most traffic and OVI offenses are excluded under ORC 2953.32. Domestic violence and violating a protection order are excluded, with a narrow fourth degree misdemeanor exception.
Clean-slate and filing posture
Ohio is largely petition-based: you file an application in the sentencing court under ORC 2953.32, not through a general automatic clean-slate program. The Ohio Bureau of Criminal Investigation (BCI) is the state repository that updates the record once a court grants sealing or expungement.
Suggested Compliance Checklist
Confirm eligibility and the waiting period under ORC 2953.32
Before you file days after startingVerify your offense class, whether you seek sealing or expungement, and whether enough time has passed since final discharge under ORC 2953.32 as amended by SB 288. Rule out excluded offenses such as first and second degree felonies, offenses of violence, registrable sex offenses, and most traffic and OVI convictions.
Pull your Ohio criminal history from BCI
Before drafting the application days after startingRequest your official record from the Ohio Bureau of Criminal Investigation (BCI) so you have every case, degree, and final-discharge date. Accurate discharge dates control the waiting period, and a complete record lets you address all eligible convictions in the correct sentencing courts.
Prepare the sealing or expungement application
Before the filing date days after startingComplete the application accepted by the sentencing court for sealing or expungement under ORC 2953.32, choosing the remedy deliberately because expungement destroys the record but has longer waits and narrower eligibility than sealing. Include a poverty affidavit if you need the filing fee waived.
File in the Ohio sentencing court and serve the prosecutor
On the filing date days after startingFile in the court that sentenced you (common pleas for felonies; municipal or county court for misdemeanors) and pay or waive the statutory fee. The court notifies the prosecutor, who may object, and sets a hearing. Attend the hearing prepared to show rehabilitation and your interest in relief.
Confirm the record is corrected with BCI
After the order is granted days after startingMake sure the court order reaches the Ohio Bureau of Criminal Investigation (BCI) and any arresting agency so the state repository reflects the sealing or expungement, and keep a certified copy. An attorney can help confirm the record is fully cleared and advise on any agency that may still see it.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm eligibility and the waiting period under ORC 2953.32 | Verify your offense class, whether you seek sealing or expungement, and whether enough time has passed since final discharge under ORC 2953.32 as amended by SB 288. Rule out excluded offenses such as first and second degree felonies, offenses of violence, registrable sex offenses, and most traffic and OVI convictions. | - | Before you file |
| Pull your Ohio criminal history from BCI | Request your official record from the Ohio Bureau of Criminal Investigation (BCI) so you have every case, degree, and final-discharge date. Accurate discharge dates control the waiting period, and a complete record lets you address all eligible convictions in the correct sentencing courts. | - | Before drafting the application |
| Prepare the sealing or expungement application | Complete the application accepted by the sentencing court for sealing or expungement under ORC 2953.32, choosing the remedy deliberately because expungement destroys the record but has longer waits and narrower eligibility than sealing. Include a poverty affidavit if you need the filing fee waived. | - | Before the filing date |
| File in the Ohio sentencing court and serve the prosecutor | File in the court that sentenced you (common pleas for felonies; municipal or county court for misdemeanors) and pay or waive the statutory fee. The court notifies the prosecutor, who may object, and sets a hearing. Attend the hearing prepared to show rehabilitation and your interest in relief. | - | On the filing date |
| Confirm the record is corrected with BCI | Make sure the court order reaches the Ohio Bureau of Criminal Investigation (BCI) and any arresting agency so the state repository reflects the sealing or expungement, and keep a certified copy. An attorney can help confirm the record is fully cleared and advise on any agency that may still see it. | - | After the order is granted |
Frequently Asked Questions
Ohio charges a statutory application fee to seal or expunge a conviction, commonly around fifty dollars, plus any local court costs, and the fee is set by ORC 2953.32 and the sentencing court. If you cannot afford it, you can ask the court to waive costs by filing a poverty affidavit. Fees vary by court, so confirm the amount with the clerk.
In Ohio the process usually takes a few months from filing to hearing, because the court must notify and give the prosecutor time to object before a judge rules under ORC 2953.32. Simple, uncontested applications move faster; contested cases or busy dockets take longer. Once granted, updating the BCI repository adds additional processing time.
Yes. In Ohio a sealed record is hidden from most public and employer background checks, but law enforcement, courts, and certain licensing and government agencies may still access it under ORC 2953.32. Only expungement, which permanently destroys the record, removes it from those agencies. That difference is why the sealing versus expungement choice matters in Ohio.
Generally yes, with limits. Once an Ohio court seals a conviction under ORC 2953.32, you may usually answer that you have not been convicted for most employment questions. But exceptions exist for certain jobs, such as law enforcement, positions of trust, and roles where a licensing statute requires disclosure. Confirm the exception before you answer.
Usually not. In Ohio most traffic offenses and OVI (drunk-driving) convictions cannot be sealed or expunged under ORC 2953.32, and domestic violence and violating a protection order are excluded, though a narrow path exists for some fourth degree misdemeanor domestic violence. Because these rules are technical, an attorney can confirm whether your specific conviction qualifies.
Other Ohio guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.