Sealings and Expungments

Ohio law allows individuals to apply to have certain criminal records sealed or expunged. Although the two terms are often used interchangeably, they are different and have different individual processes. They offer different forms of relief and have different eligibility requirements.

What is the difference?

Record Sealing: Sealing generally removes a criminal record from public access. Private companies doing background searches will not be able to see the records. However, they do not completely go away. Certain government agencies, law enforcement authorities, and other entities authorized by the law may still access sealed records.

Expungement: Expungement generally involves the destruction, deletion, or erasure of official criminals records, subject to limited statutory exceptions.

Both processes require a court order. Eligibility will depend on the nature of the offense, the final disposition of the case (dismissed, convicted, etc.), other criminal history, and applicable requirements as determined by the statute.

Who is eligible?

For Convictions, Ohio Revised Code Section 2953.32 establishes eligibility requirements and waiting period for sealing and expungement of convictions.

Certain offenses are not eligible for sealing or expungement. Common exclusions include:

  • First and Second Degree Felony Convictions
  • Certain felony offenses of violence
  • Certain sex offenses
  • Certain traffic offenses, including OVI convictions
  • Certain domestic violence convictions
  • Certain offenses involving victims under 13 years of age

Dismissed Charges and Findings of Not Guilty

Individuals whose charges were dismissed or who were found not guilty may also be eligible to have their criminal records sealed or expunged.

Different requirements apply to these cases, including certain restrictions on expungement.

For additional information, please review: Ohio Revised Code Section 2953.33

Some offenses may qualify for sealing but not expungement. Additional restrictions may apply depending on criminal history and other charges arising out of the same incident.

The Ohio Supreme Court publishes a sealing and expungement guide that can be found here.

How to Apply

Individuals seeking sealing or expungement must submit n application to the appropriate court.

The Ottawa County Adult Probation Department conducts investigations and provides reports to the Court as required. The Court then determines whether an applicant satisfies the statutory requirements and whether the relief should be granted.

Applications

Important Legal Disclaimer

The information provided on this webpage is for general informational purposes only and does not constitute legal advice. Ohio’s Sealing and Expungement laws contain numerous exceptions and eligibility requirements that may be highly dependent on the specific circumstances of an individual’s case.

The Ottawa County Court of Common Pleas and its employees cannot provide legal advice or determine an individual’s eligibility outside the judicial process.

Individuals with questions about eligibility or legal rights are encouraged to consult a licensed Ohio Attorney.