If you have a criminal record, you already know the weight it carries. It shows up on job applications, apartment screenings, professional licensing forms. It can feel like something you can never quite leave behind, no matter how much your life has changed since then. We want you to know something important: Ohio law has changed significantly in recent years, and many people who were once told they did not qualify may now have a genuine path to clearing their records.
At Probst Law Office, Inc., we work with people in Columbus and throughout Franklin County who have moved on from a criminal past and are ready to clean up their record. Depending on what is on your record, this might be possible. Over the past several years, Ohio has made many changes to its expungement laws, with the most recent alterations coming just a few years ago. If someone told you that you were ineligible a few years ago, that answer may no longer reflect where the law stands today.
Sealing and Expungement: Understanding the Difference
You will likely hear both of these terms, and they are not the same thing. It helps to understand what each one actually means for you.
When a record is sealed, it is removed from public view. A sealed record is removed from all public records, and the public no longer has access to the criminal record, including anyone who pulls a background check such as employers or landlords. However, a sealed record is still maintained by the government for access for limited purposes.
Expungement goes a step further. Under Ohio law effective April 2023, “expunge” means to destroy, delete, and erase a record so that it is permanently irretrievable, with certain limited exceptions. Before 2023, true expungement was common in juvenile courts but limited for adult criminal records. That changed in a meaningful way, and it opened real possibilities for people who had been living with old convictions for years.
For most people, sealing is the more immediate and accessible goal. The practical effect for most Ohioans is that a sealed record does not appear in standard background checks. That alone can change what is possible in your daily life.
Ohio Has Expanded Who Qualifies
One of the most encouraging things we can share with you is just how much Ohio has opened the door in recent years. The updates represent an evolution that may fundamentally alter options available to the estimated 994,000 Ohioans who are living with a felony conviction, approximately one in 11 adults. That is a large number of people who deserve a chance to move forward.
In 2023, major revisions to Ohio’s record-clearing laws extended eligibility for sealing to additional categories of felony convictions, shortened waiting periods, authorized prosecutor-initiated sealing, and created new authority for expungement of conviction and non-conviction records after an additional waiting period.
Under Ohio’s updated law, the law allows for up to five felony convictions and unlimited misdemeanor convictions to be sealed, with the definition of “eligible offender” expanded to include anyone with unlimited misdemeanor offenses. That is a significant shift from older, more restrictive rules that left many deserving people without options.
What Types of Offenses May Qualify
Every situation is different, and the specifics of your record will determine what is possible. That said, here is a general picture of what Ohio law currently allows.
On the misdemeanor side, most misdemeanors, like petty theft, disorderly conduct, trespassing, or certain drug possession charges, may qualify. Many people are surprised to learn how many common misdemeanors are now eligible.
For felonies, conditions include that none of the offenses are an offense of violence, none are felony sex offenses, and all the offenses are fourth or fifth degree felonies or misdemeanor offenses. Ohio law allows for sealing for people with up to five fourth or fifth degree felony convictions and an unlimited number of misdemeanor convictions.
It is also worth knowing that non-convictions are now covered. As of October 2023, Ohio law was expanded to allow for non-convictions, including not guilty verdicts, dismissals, and no bills, to be sealed and expunged. If your case was dismissed or you were found not guilty, you may still have a path to clearing that record from public view.
Offenses That Are Not Eligible
We want to be honest with you about the limits of the law, because we believe you deserve a clear picture. Some offenses are not eligible under Ohio law, and it is important to understand that going in.
Offenses that cannot be sealed or expunged include first or second degree felonies, traffic convictions, felony offenses of violence, offenses in which the victim was less than 13 years old, most domestic violence convictions, and violating protection order convictions.
Traffic violations, including OVI, are among the crimes ineligible for sealing in Ohio. We understand that can be disappointing to hear, especially for people who have worked hard to rebuild their lives after a driving-related conviction.
Even so, if you have multiple charges on your record, it is worth taking a careful look at each one. Some may be eligible even if others are not, and a partial sealing can still make a real difference in your day-to-day life.
Waiting Periods: When Can You Apply?
Even when an offense is eligible, Ohio law requires that a certain amount of time pass after your sentence is fully completed before you can apply. This period is called the waiting period, and it begins after your “final discharge,” meaning you have finished your sentence, completed any probation or parole, and paid all fines and restitution. Court costs are not part of a sentence, and unpaid court costs should not block an application.
Generally speaking, the waiting periods for sealing work like this: six months after discharge for a minor misdemeanor, one year for a misdemeanor, one year for a fourth or fifth degree felony, and three years for third degree felonies.
Felonies are eligible for complete expungement after 10 years from the date they become eligible for sealing. That is a longer road, but for people who have truly turned things around, it can be a meaningful goal to work toward.
One thing we want you to be careful about: the waiting period starts when the final part of your sentence ends, not at the conviction date. Many applicants mistakenly apply too early, thinking the clock started at sentencing. Applying before you are eligible can result in a denial, which can be discouraging. We want to help you get this right the first time.
The Court Still Reviews Your Application
Meeting the eligibility requirements is an important first step, but it does not guarantee approval. A hearing is required where the court must review rehabilitation, consider prosecutor objections, balance the interest of the state against the applicant, and use their discretion to determine if a person qualifies to have their record sealed.
The court will not seal or expunge any record if the applicant is facing pending charges. Applicants should wait until any pending cases have resolved. Beyond that, applicants must be able to show that they have been rehabilitated to the satisfaction of the court and that their interest in sealing a record is greater than any legitimate government needs to maintain those records.
This is where having thoughtful legal guidance can genuinely help. A well-prepared petition that tells your story clearly, reflects your growth, and addresses the court’s concerns gives you the strongest possible footing going in.
What Life Looks Like After Your Record Is Sealed
We think it is important for you to know what sealing or expungement can actually mean for your life, because the benefits are real and tangible.
Ohio law prohibits most private employers from asking about sealed records and from discriminating based on them in most hiring situations. And once a record is sealed, you may legally answer “no” on most private employment applications when asked about prior convictions. That is a meaningful change in how you can present yourself to the world.
When people finish the sentence for a crime, they frequently face barrier upon barrier to getting a job, finding housing, and obtaining loans for further education. Research found that one in four Ohio jobs are off limits to a person with a criminal conviction. Sealing your record can help remove those barriers.
There are some areas where exceptions apply. Jobs with state or federal licensing requirements, positions working with children or vulnerable populations, and law enforcement roles remain exceptions. We will make sure you understand exactly what your sealed record means for your specific circumstances before you move forward.
You Do Not Have to Figure This Out Alone
If you are living with a record that has been making life harder than it needs to be, please know that you have options worth exploring. Ohio law has genuinely expanded, and people who were once told the door was closed may find it open today.
At Probst Law Office, Inc., we serve clients throughout Columbus, Franklin County, and the surrounding communities, including those whose cases went through the Franklin County Municipal Court or the Franklin County Court of Common Pleas. We would be glad to take a careful look at your record and give you an honest assessment of where you stand. Reaching out costs nothing, and it may be the first step toward the fresh start you have been working toward.
