Ohio Expungement Laws: Sealing and Expungement Under ORC 2953.32

Ohio law gives eligible individuals two forms of criminal record relief, sealing and expungement, governed by Ohio Revised Code (ORC) § 2953.32. Senate Bill 288, which took effect April 4, 2023, significantly expanded who qualifies and introduced true expungement for conviction records for the first time in the state's history. House Bill 96, the state's FY2026-27 budget bill, further amended ORC § 2953.32 effective September 30, 2025, adding a sealing and expungement pathway for certain ORC § 2921.43 convictions.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Ohio state law only. For a comparison across all states, see Expungement Laws by State.

What Senate Bill 288 Changed

Ohio's General Assembly passed Senate Bill 288 (134th General Assembly), and it became effective on April 4, 2023. Before that date, only "eligible offenders," a narrowly defined category tied to the total number of prior convictions, could petition for record sealing. SB 288 eliminated that categorical definition entirely.

Under the reformed statute, courts now evaluate each conviction individually. A person may seek sealing or expungement of an unlimited number of qualifying convictions, as long as no individual offense falls into a prohibited category and the applicable waiting period has elapsed. One count-based limit does survive inside those prohibited categories: under ORC § 2953.32(A)(1)(h), a third-degree felony conviction stays ineligible once the person's other convictions pass a threshold, set out in the eligibility section below. SB 288 also formally introduced expungement as a distinct remedy for adult conviction records, separate from sealing, under ORC § 2953.32. Prior to the bill, true destruction of conviction records was not available in Ohio. The bill preserved sealing (record hidden but retained) while layering on expungement (record destroyed) as a higher-tier remedy with longer waiting periods. Any person whose convictions became eligible under the expanded standards retroactively gained the right to petition under the new framework. (Ohio Legislature, Senate Bill 288, 134th General Assembly, eff. April 4, 2023.)

Sealing vs. Expungement: Key Distinction

Ohio law draws a meaningful line between sealing and expungement, and the difference matters for background checks and government access.

When a record is sealed under ORC § 2953.32, it is removed from all public records and becomes inaccessible to employers, landlords, and the general public. However, the government retains the record. Law enforcement agencies, prosecutors, the Ohio Bureau of Criminal Investigation (BCI), probation officers, and certain licensing boards may still access sealed records. Under ORC § 2953.34, a person with a sealed record may legally answer "no" on most private employment applications when asked about prior convictions, with an exception for positions where the conviction bears a direct and substantial relationship to the job.

When a record is expunged under ORC § 2953.32, the court orders the record destroyed and the index references to the case deleted. ORC § 2953.32(D)(5) sets out who must destroy what, and it draws one explicit exception. Any entity other than the Ohio Bureau of Criminal Investigation that receives an expungement notice from the court "shall destroy, delete, and erase the record as appropriate for the record's physical or electronic form or characteristic so that the record is permanently irretrievable."

BCI is treated differently. The same division provides that when BCI receives notice of an expungement, it "shall maintain a record of the expunged conviction record for the limited purpose of determining an individual's qualification or disqualification for employment in law enforcement," and that BCI "shall not be compelled by the court to destroy, delete, or erase those records so that the records are permanently irretrievable." That retained record may be disclosed only to law enforcement, and only for that law enforcement employment purpose. So an expungement is not a guarantee that no government copy survives anywhere; it means every holder except BCI must destroy its copy, and BCI's surviving copy is walled off to a single screening use.

Expungement is available only for convictions whose offense level and waiting period qualify under the statute. It is not available for misdemeanor domestic violence convictions under ORC § 2919.25 or for violations of ORC § 2919.27 (violating a protection order), both of which may be sealed but never expunged. (ORC § 2953.32(A)(2), (D)(5); ORC § 2953.34.)

Waiting Periods and Eligibility by Offense Level

The waiting period for both sealing and expungement runs from the date of final discharge, generally understood as the completion of all incarceration, supervision (probation or parole), and payment of all fines and restitution; Ohio's sealing and expungement statutes use the term without defining it in ORC § 2953.31. Court costs are not included in the final discharge calculation.

Sealing waiting periods (ORC § 2953.32):

• Minor misdemeanor: 6 months after final discharge
• Misdemeanor (M1 through M4): 1 year after final discharge
• Fourth-degree felony (F4) or fifth-degree felony (F5): 1 year after final discharge
• Third-degree felony (F3): 3 years after final discharge
• Tier 1 or Tier 2 sex offenses (where eligible): 5 years after sex offender registration requirements end

Expungement waiting periods (ORC § 2953.32):

• Minor misdemeanor: 6 months after final discharge
• Misdemeanor (M1 through M4): 1 year after final discharge
• Fourth- or fifth-degree felony: 11 years after final discharge
• Third-degree felony: 13 years after final discharge

There is no expungement pathway for first- or second-degree felonies under any circumstances.

Third-degree felonies carry a conviction-count limit that the waiting period alone does not capture. Under ORC § 2953.32(A)(1)(h), an F3 conviction cannot be sealed or expunged at all if the offender "has more than one other conviction of any felony," and where the person has exactly two F3 convictions, relief is barred if the person "has more convictions in total than those two third degree felony convictions and two misdemeanor convictions." The sealing timetable in ORC § 2953.32(B)(1)(a)(i) likewise reaches only a person convicted of one or two third-degree felonies. A person with two F3 convictions plus three misdemeanors, or with one F3 plus two other felonies, does not qualify even after the three-year wait has run.

ORC § 2953.32(A)(3) governs how those convictions are counted, and it can work in an applicant's favor. Convictions that result from or are connected with the same act, or that result from offenses committed at the same time, count as one conviction. Two or three convictions arising from the same indictment, information, complaint, guilty plea, or official proceeding, and from related criminal acts committed within a three-month period, also count as one conviction unless the court decides it is not in the public interest to treat them that way. Felony offenses of violence are separately and permanently barred under ORC § 2953.32(A)(1)(b), whatever the count. A separate pathway added by House Bill 96 (eff. September 30, 2025) allows sealing of an ORC § 2921.43 (soliciting improper compensation) conviction seven years after final discharge. Because § 2921.43 is a first-degree misdemeanor, its expungement follows ORC § 2953.32(B)(1)(b)'s misdemeanor timing; the ten-years-after-sealing expungement rule applies only to felonies. The court weighs each petition individually, considering the interests of the applicant, prosecutorial objections, victim impact, and public safety before granting any order. (ORC § 2953.32(B)-(C).)

Offenses That Cannot Be Sealed or Expunged

Ohio law, primarily through ORC § 2953.32(A)(1), lists categories that are permanently ineligible for both sealing and expungement:

• First- or second-degree felonies
• Felony offenses of violence that are not sexually oriented offenses
• Sexually oriented offenses that require registration under ORC Chapter 2950
• Any offense, whether misdemeanor or felony, where the victim was under 13 years of age at the time of the offense, except for convictions under ORC § 2919.21 (nonsupport of dependents)
• Convictions for a violation of ORC § 2921.41 (theft in office), under division (A)(1)(e)
• Convictions for a violation of ORC § 2919.25 (domestic violence) that is a misdemeanor of the first or second degree, under division (A)(1)(g)
• Third-degree felonies that fail the conviction-count limits in division (A)(1)(h), described in the previous section
• Most traffic convictions under ORC Chapters 4506, 4507, 4510, 4511, and 4549 (commercial and standard motor vehicle offenses)

A second and narrower list, in ORC § 2953.32(A)(2), covers convictions that may be sealed but never expunged:

• Violations of ORC § 2919.25 (domestic violence) that are misdemeanors of the third or fourth degree
• Violations of ORC § 2919.27 (violating a protection order)

A conviction for a municipal ordinance violation that is substantially similar to any section named in either list is treated the same way as the state offense.

Bail forfeiture entries are treated similarly to convictions for sealing purposes under ORC § 2953.32 and may be sealed when the underlying charge would have qualified. Non-conviction records, including dismissed charges, not-guilty verdicts, and no-bill grand jury returns, are handled under the separate provision at ORC § 2953.33 and are generally eligible immediately or after a 2-year wait for no-bills.

How to File: The Application Process

Petitions for sealing or expungement under ORC § 2953.32 are filed with the court that originally sentenced the applicant. A single application may cover multiple cases, regardless of the number of records requested. The step-by-step process is:

1. Confirm eligibility by verifying the offense level, absence of prohibited categories, and elapsed waiting period since final discharge.
2. Obtain and complete the court's petition form. Many Ohio courts, including the Franklin County Municipal Court Self-Help Resource Center, provide free assistance and forms.
3. Pay the $50 application fee to the court. An additional local fee of up to $50 may apply depending on the county. Applicants who qualify as indigent may submit a poverty affidavit in place of the fee.
4. The court sets a hearing date not less than 45 days and not more than 90 days from the date of filing, and notifies the prosecuting attorney for each case listed in the application at least 60 days before the hearing.
5. The prosecutor may file a written objection stating reasons for denial, but must do so no later than 30 days before the hearing date, under ORC § 2953.32(B).
6. The court holds a hearing. If the applicant is an eligible offender and the interests of justice support granting relief, the court issues a sealing or expungement order.
7. Upon a granted order, the court forwards a copy of the sealing or expungement order to BCI and notifies the other agencies holding records of the case, including the arresting agency and the Ohio Department of Rehabilitation and Correction. Every entity other than BCI must seal the record, or destroy it if the order was for expungement. BCI instead retains a record of an expunged conviction for the limited purpose of law enforcement employment screening under ORC § 2953.32(D)(5).

The timeline from filing to a court decision typically ranges from 60 to 90 days, depending on court scheduling and whether the prosecutor files an objection. (ORC § 2953.32(B)-(D).)

Juvenile Records: Separate Track Under ORC Chapter 2151

Juvenile adjudications follow a different statutory path from adult convictions. A juvenile adjudication in Ohio is not a criminal conviction, but the record can still affect employment, housing, and education.

Under ORC § 2151.356, a person may apply to the juvenile court for sealing of their record. If the person is under 18 at the time of application, they may file 6 months after discharge from parole or probation. If the person is 18 or older, they may file immediately after final discharge. The juvenile court holds a hearing and considers whether sealing serves the interests of the person and the public.

Once a juvenile record is sealed, expungement under ORC § 2151.358 occurs automatically, either 5 years after the sealing order is issued or upon the person's 23rd birthday, whichever comes first. There is no need to file a separate expungement petition for juvenile records; the court carries out the destruction on its own schedule. Juvenile records do not automatically seal at age 18; a court order is still required.

Certain serious juvenile adjudications are ineligible for sealing under ORC § 2151.356(A): adjudications for acts that would constitute aggravated murder (§ 2903.01), murder (§ 2903.02), or rape (§ 2907.02) if committed by an adult.

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Disclaimer: This article covers Ohio record sealing and expungement law as of May 29, 2026, based on ORC § 2953.32, § 2953.33, § 2953.34, § 2151.356, and § 2151.358, as amended by Senate Bill 288 (eff. April 4, 2023) and House Bill 96 (eff. September 30, 2025). Laws change and court interpretations vary by county. This article is not legal advice. Consult a licensed Ohio attorney before filing any petition for sealing or expungement.

Related Articles

• Expungement Laws by State - Full hub covering all 50 states
• DUI Expungement by State - Whether DUI records can be cleared in each state
• How to Check If Your Record Has Been Expunged - Steps to verify your record status

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RecordingLaw.com provides legal information, not legal advice. Always consult a licensed Ohio attorney for guidance specific to your situation.

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