How to File for Expungement in Ohio

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.

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.

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.

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.).