Question 1

Can you get a criminal record expunged in Ohio?

Accepted Answer

Ohio offers two levels of relief for eligible records: "sealing" and "expungement." Sealed records are kept in a separate file and are not public. Expunged records are destroyed, deleted and erased so they cannot be retrieved. Relief is available for convictions, bail forfeitures, not-guilty findings, dismissed charges, grand jury "no bills," and pardoned convictions. Ohio also offers a Certificate of Qualification for Employment (CQE), which leaves the conviction on the record but removes many automatic bars to jobs and licenses. The Governor can also grant clemency.

Question 2

Can you clear an arrest or dismissed charge in Ohio?

Accepted Answer

A person found not guilty, or whose complaint, indictment or information was dismissed, may apply to seal or expunge the records at any time after the finding or dismissal is entered. After a grand jury "no bill," the person may apply two years after the no bill is reported. The court holds a hearing and weighs the person's interests against any legitimate government need to keep the records. If charges were dismissed without prejudice, the court considers whether the statute of limitations has run. Dismissed or no-billed cases involving certain offenses can be sealed but not expunged. These include traffic and OVI offenses, felony offenses of violence, registrable sex offenses, offenses against a victim under 13, first- and second-degree felonies, and domestic violence or protection-order violations.

Question 3

Can a misdemeanor be expunged in Ohio?

Accepted Answer

Most misdemeanors can be sealed one year after final discharge (the end of the sentence, including probation). Minor misdemeanors can be sealed after six months. Expungement of a misdemeanor is available one year after final discharge, or six months for a minor misdemeanor. Misdemeanor domestic violence of the first or second degree cannot be sealed. Third- or fourth-degree misdemeanor domestic violence and protection-order violations can be sealed but not expunged. Convictions under Ohio's traffic and driver's license chapters cannot be sealed or expunged. Any number of eligible convictions may be included in one application.

Question 4

Can a felony be expunged in Ohio?

Accepted Answer

Waiting periods for sealing run from final discharge. Fourth- and fifth-degree felonies can be sealed after one year, unless the offense is a felony offense of violence. One or two third-degree felonies can be sealed after three years. Felony expungement is available ten years after the date the person became eligible for sealing. Cannot be sealed or expunged: first- and second-degree felonies, felony offenses of violence (other than sexually oriented offenses), sex offenses that require registration, offenses against a victim under 13 (with a limited exception), certain public-office offenses, and third-degree felonies when the person has more than the allowed number of other convictions. The court must find the person rehabilitated, with no pending criminal case, and the person's interest must outweigh any government need to keep the records.

Question 5

Does Ohio have automatic record clearing (clean slate)?

Accepted Answer

Ohio's adult record-sealing laws reviewed here require an application. A person can apply on their own, or for low-level drug convictions the prosecutor can apply. For juveniles, the juvenile court must promptly seal records in some situations without an application. Examples include a case resolved without a complaint, or a complaint dismissed after trial or a finding that the youth was not delinquent, if the court finds the harm of disclosure outweighs the public benefit. Sealed juvenile records are later expunged automatically after five years or at age 23, whichever comes first.

Question 6

Can a DUI be expunged in Ohio?

Accepted Answer

No. Convictions under Ohio's traffic code chapters (Chapters 4506, 4507, 4510, 4511 and 4549 of the Revised Code), which include OVI (operating a vehicle impaired), cannot be sealed or expunged under the general conviction-sealing law. Dismissed OVI charges can be sealed but not expunged.

Question 7

How do you seal a juvenile record in Ohio?

Accepted Answer

Records of juvenile adjudications for aggravated murder, murder or rape cannot be sealed. For other delinquent, unruly or juvenile-traffic adjudications, the juvenile court considers sealing on its own motion or on application once the waiting period has passed. For a person under 18, that is six months after the court's orders end or after discharge from the Department of Youth Services. No fee may be charged for the application. Sealed juvenile records are automatically expunged five years after sealing or at age 23, whichever comes first. The person may also apply for earlier expungement, and the prosecutor receives notice.

Question 8

How do you file for expungement in Ohio?

Accepted Answer

File an application to seal or expunge with the sentencing court. For out-of-state or federal convictions, file with the court of common pleas. The court sets a hearing 45 to 90 days after filing and notifies the prosecutor, who may file a written objection at least 30 days before the hearing. The prosecutor notifies victims who asked for notice, and victims may be heard. A probation officer may investigate the applicant. At the hearing, the court checks eligibility and the waiting period, looks for pending charges, decides whether the applicant is rehabilitated, and weighs the applicant's interests against the government's need to keep the records. For certain low-level drug convictions, the prosecutor may file the application instead.

Question 9

How much does expungement cost in Ohio?

Accepted Answer

For conviction or bail-forfeiture sealing or expungement, the applicant pays a $50 application fee and may be charged a local court fee of up to $50, no matter how many records are in the application. The fee is not required if the applicant files a poverty affidavit showing they are indigent. No fee may be charged for a juvenile sealing application.

Question 10

What happens after a record is expunged or sealed in Ohio?

Accepted Answer

Once records are sealed or expunged, the proceedings are considered not to have occurred. Sealed records can still be used in sentencing for a later offense, and certain agencies can access them for limited purposes listed in the law. In job, license and similar applications, a person generally may be asked only about convictions that are not sealed, unless the question bears a direct and substantial relationship to the position. Some jobs, such as those involving children, are excepted. A person may not be asked about sealed or expunged non-conviction records and may answer as if the arrest did not occur. When a conviction is expunged, agencies must permanently destroy the records. The Bureau of Criminal Identification and Investigation keeps a limited record that is used only to screen applicants for law enforcement jobs.

Question 11

How do you get a pardon in Ohio?

Accepted Answer

The Governor grants clemency (pardon, commutation or reprieve) after a recommendation from the Ohio Parole Board. Applications go through the Ohio Department of Rehabilitation and Correction, and treason and impeachment are excepted. A pardon does not by itself seal the record. Someone who receives a full, partial or conditional pardon may apply to the court to seal the records of that conviction once any conditions are met.

Question 12

How do I check my own criminal record in Ohio?

Accepted Answer

Ohio's Bureau of Criminal Identification and Investigation (BCI), part of the Ohio Attorney General's Office, runs civilian background checks. In Ohio, fingerprints are submitted electronically through a WebCheck location (find one on the WebCheck Community Listing). Out of state, BCI points to electronic fingerprinting or a fingerprint card rolled by a local agency and mailed to the Attorney General's Office, with payment by mail or online. To get a copy of a previously completed BCI check, use BCI's background check copy procedure and copy request form. BCI processes FBI checks only for specific types of Ohio employment; for a personal FBI check, contact the FBI directly. BCI's Civilian Identification Department: 877-224-0043 (Monday-Friday, 8 a.m. to 4:30 p.m.).

What relief the state offers	Ohio offers two levels of relief for eligible records: "sealing" and "expungement." Sealed records are kept in a separate file and are not public. Expunged records are destroyed, deleted and erased so they cannot be retrieved. Relief is available for convictions, bail forfeitures, not-guilty findings, dismissed charges, grand jury "no bills," and pardoned convictions. Ohio also offers a Certificate of Qualification for Employment (CQE), which leaves the conviction on the record but removes many automatic bars to jobs and licenses. The Governor can also grant clemency. Source: Ohio Rev. Code §§ 2953.31, 2953.32, 2953.33, 2953.25
Arrests and dismissed charges	A person found not guilty, or whose complaint, indictment or information was dismissed, may apply to seal or expunge the records at any time after the finding or dismissal is entered. After a grand jury "no bill," the person may apply two years after the no bill is reported. The court holds a hearing and weighs the person's interests against any legitimate government need to keep the records. If charges were dismissed without prejudice, the court considers whether the statute of limitations has run. Dismissed or no-billed cases involving certain offenses can be sealed but not expunged. These include traffic and OVI offenses, felony offenses of violence, registrable sex offenses, offenses against a victim under 13, first- and second-degree felonies, and domestic violence or protection-order violations. Under § 2953.61, when charges from the same act had different outcomes, the dismissed charge generally can be sealed only if the conviction can also be sealed. Source: Ohio Rev. Code § 2953.33
Misdemeanor convictions	Most misdemeanors can be sealed one year after final discharge (the end of the sentence, including probation). Minor misdemeanors can be sealed after six months. Expungement of a misdemeanor is available one year after final discharge, or six months for a minor misdemeanor. Misdemeanor domestic violence of the first or second degree cannot be sealed. Third- or fourth-degree misdemeanor domestic violence and protection-order violations can be sealed but not expunged. Convictions under Ohio's traffic and driver's license chapters cannot be sealed or expunged. Any number of eligible convictions may be included in one application. Source: Ohio Rev. Code § 2953.32(A), (B), (D)(3)
Felony convictions	Waiting periods for sealing run from final discharge. Fourth- and fifth-degree felonies can be sealed after one year, unless the offense is a felony offense of violence. One or two third-degree felonies can be sealed after three years. Felony expungement is available ten years after the date the person became eligible for sealing. Cannot be sealed or expunged: first- and second-degree felonies, felony offenses of violence (other than sexually oriented offenses), sex offenses that require registration, offenses against a victim under 13 (with a limited exception), certain public-office offenses, and third-degree felonies when the person has more than the allowed number of other convictions. The court must find the person rehabilitated, with no pending criminal case, and the person's interest must outweigh any government need to keep the records. Source: Ohio Rev. Code § 2953.32
DUI / DWI convictions	No. Convictions under Ohio's traffic code chapters (Chapters 4506, 4507, 4510, 4511 and 4549 of the Revised Code), which include OVI (operating a vehicle impaired), cannot be sealed or expunged under the general conviction-sealing law. Dismissed OVI charges can be sealed but not expunged. Source: Ohio Rev. Code §§ 2953.32(A)(1)(a), 2953.33(C)(1)(a)
Juvenile records	Records of juvenile adjudications for aggravated murder, murder or rape cannot be sealed. For other delinquent, unruly or juvenile-traffic adjudications, the juvenile court considers sealing on its own motion or on application once the waiting period has passed. For a person under 18, that is six months after the court's orders end or after discharge from the Department of Youth Services. No fee may be charged for the application. Sealed juvenile records are automatically expunged five years after sealing or at age 23, whichever comes first. The person may also apply for earlier expungement, and the prosecutor receives notice. Source: Ohio Rev. Code §§ 2151.356, 2151.358

How to apply	File an application to seal or expunge with the sentencing court. For out-of-state or federal convictions, file with the court of common pleas. The court sets a hearing 45 to 90 days after filing and notifies the prosecutor, who may file a written objection at least 30 days before the hearing. The prosecutor notifies victims who asked for notice, and victims may be heard. A probation officer may investigate the applicant. At the hearing, the court checks eligibility and the waiting period, looks for pending charges, decides whether the applicant is rehabilitated, and weighs the applicant's interests against the government's need to keep the records. For certain low-level drug convictions, the prosecutor may file the application instead. Ohio's statutes do not prescribe a single statewide application form. Check with the clerk of the court where the case was heard. Source: Ohio Rev. Code §§ 2953.32(B)-(D), 2953.39
Filing fee	For conviction or bail-forfeiture sealing or expungement, the applicant pays a $50 application fee and may be charged a local court fee of up to $50, no matter how many records are in the application. The fee is not required if the applicant files a poverty affidavit showing they are indigent. No fee may be charged for a juvenile sealing application. Source: Ohio Rev. Code §§ 2953.32(D)(3), 2151.356(C)(1)
Automatic (clean slate) relief	Ohio's adult record-sealing laws reviewed here require an application. A person can apply on their own, or for low-level drug convictions the prosecutor can apply. For juveniles, the juvenile court must promptly seal records in some situations without an application. Examples include a case resolved without a complaint, or a complaint dismissed after trial or a finding that the youth was not delinquent, if the court finds the harm of disclosure outweighs the public benefit. Sealed juvenile records are later expunged automatically after five years or at age 23, whichever comes first. Source: Ohio Rev. Code §§ 2953.32, 2953.39, 2151.356, 2151.358
Getting a copy of your criminal record	Ohio's Bureau of Criminal Identification and Investigation (BCI), part of the Ohio Attorney General's Office, runs civilian background checks. In Ohio, fingerprints are submitted electronically through a WebCheck location (find one on the WebCheck Community Listing). Out of state, BCI points to electronic fingerprinting or a fingerprint card rolled by a local agency and mailed to the Attorney General's Office, with payment by mail or online. To get a copy of a previously completed BCI check, use BCI's background check copy procedure and copy request form. BCI processes FBI checks only for specific types of Ohio employment; for a personal FBI check, contact the FBI directly. BCI's Civilian Identification Department: 877-224-0043 (Monday-Friday, 8 a.m. to 4:30 p.m.). WebCheck locations: https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck Source: Ohio Attorney General, Background Check FAQs; WebCheck

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