Expungement / Record Sealing Petition and Eligibility Memo — Ohio

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Expungement / Record Sealing Petition and Eligibility Memo (OHIO)

Quick-Reference Summary

Part A — Eligibility Memo

1. Statutory Framework

Ohio's modern sealing/expungement regime is codified at Ohio Rev. Code §§ 2953.31 to 2953.39, as substantially revised by Am. Sub. S.B. 288 (134th G.A., effective April 4, 2023), H.B. 33 (135th G.A., effective October 3, 2023), and H.B. 234 (135th G.A., effective March 20, 2025).

Ohio now provides two distinct remedies:

• Sealing (R.C. 2953.32) — records are removed from public access but maintained by the court and the Ohio Bureau of Criminal Investigation (BCI) for limited statutory access by law enforcement, prosecutors, certain licensing boards, and specified employers.
• True Expungement (R.C. 2953.39) — records are destroyed, deleted, and erased so as to be permanently irretrievable, with narrowly defined statutory preservation.

The law in effect at the time of filing controls (Ohio courts consistently apply this rule; see also State v. La Salle, 96 Ohio St.3d 178 (2002), and successor cases).

2. Excluded Convictions (R.C. 2953.32(A)(1))

A conviction is categorically ineligible for either sealing or expungement if it falls in any of the following categories:

(a) Convictions under R.C. Chapters 4506 (CDL), 4507 (driver's license), 4510 (license suspensions), 4511 (traffic), or 4549 (motor vehicles generally), or a substantially similar municipal ordinance — including OVI/DUI (R.C. 4511.19);
(b) Felony offenses of violence that are not sexually oriented;
(c) Sexually oriented offenses subject to Chapter 2950 registration;
(d) Offenses where the victim was less than 13 years old (excepting R.C. 2919.21 non-support);
(e) Theft in Office under R.C. 2921.41;
(f) Felonies of the first or second degree;
(g) M-1 or M-2 domestic violence under R.C. 2919.25 (or substantially similar municipal ordinance);
(h) Third-degree felonies where the offender has more than one other felony conviction of any degree, with H.B. 234 same-transaction modifications.

3. Sealing-Only Offenses (R.C. 2953.32(A)(2) per H.B. 234)

Effective March 20, 2025, certain offenses are eligible for sealing only (not true expungement):

• M-3 or M-4 domestic violence under R.C. 2919.25 or substantially similar municipal ordinance;
• Violation of a protection order under R.C. 2919.27 or substantially similar municipal ordinance.

4. Waiting Periods — Sealing (R.C. 2953.32(B)(1)(a))

Time runs from the date of final discharge, which means: completion of any imprisonment; completion of any period of probation or parole/post-release control; payment of all fines and restitution. Court costs are NOT part of the sentence; unpaid court costs do not bar an application.

5. Waiting Periods — True Expungement (R.C. 2953.39)

6. Dismissals, No-Bills, Acquittals, Bail Forfeitures

Under the consolidated framework (formerly R.C. 2953.52, now within R.C. 2953.32 and 2953.39 / 2953.37):

• Sealing of records of dismissed cases, not-guilty findings, no-bills, and bail forfeitures is available immediately upon final disposition.
• True expungement of those records is also available under R.C. 2953.39 (added by H.B. 33, eff. October 3, 2023).
• No filing fee is charged for sealing/expungement of not-guilty, dismissed, or no-bill records.

7. Multiple Convictions and the "Connected Acts" / H.B. 234 Rules

Under R.C. 2953.32(A)(3):

• Convictions arising from the same act or committed at the same time count as one conviction.
• Two or three convictions from the same indictment, plea, or proceeding, arising from related criminal acts committed within a three-month period but not from the same act, count as one conviction unless the court finds it is not in the public interest to do so (R.C. 2953.32(D)(1)(i)).
• H.B. 234 (eff. 3/20/2025) further allows certain multiple F-3 convictions to be treated as one conviction for sealing/expungement purposes.

8. Subsequent-Conviction Rules

Sealing is not vacated by a subsequent conviction, but a sealed conviction:

• Remains available to courts for sentencing in any later prosecution;
• Remains available to prosecutors for charging decisions;
• Remains available to BCI for certain licensing and background-check purposes;
• May be used as a prior conviction for charging a new offense as a second or subsequent offense;
• Is part of a non-public record accessible to the governor for pardon decisions.

A true expungement under R.C. 2953.39 destroys the record subject to narrow statutory preservation.

9. Restitution and Outstanding Obligations

Final discharge requires payment of all fines and restitution. Court costs are NOT part of the sentence and unpaid court costs do not bar an application (see State v. Aguirre, 144 Ohio St.3d 179 (2014); R.C. 2953.32 amendments).

10. Judicial Findings at Hearing (R.C. 2953.32(C)(1))

The court must find each of the following before granting sealing or expungement:

(a) The applicant has been rehabilitated to the court's satisfaction;
(b) No criminal proceeding is pending against the applicant;
(c) The applicant's interests in having the records sealed or expunged outweigh any legitimate governmental need to maintain the records;
(d) The applicant qualifies as an eligible person under the consolidated statute.

The court may consider the offense, the applicant's behavior since conviction, age, employment, education, family circumstances, and any objection or victim-impact information.

11. Effect of Relief

Sealing (R.C. 2953.32(D), 2953.33). The records are sealed and the proceedings are deemed not to have occurred, except for narrow statutory exceptions. The applicant may lawfully answer questions about the conviction as if it had not occurred, except when applying for: certain licensed occupations (peace officer, healthcare, school employment, financial services); when testifying in a criminal proceeding; or when applying for an office of public trust.

Expungement (R.C. 2953.39(G)). The records are destroyed, deleted, and erased so the record is permanently irretrievable, subject to narrow statutory preservation (e.g., for application of repeat-offender enhancements).

12. Automatic Relief

Ohio currently has no broad "clean slate" automatic sealing program. All sealing and expungement requires an application under R.C. 2953.32 or 2953.39. Limited automatic relief exists for certain marijuana-related records and following gubernatorial pardons (R.C. 2953.33(A)(3) added by S.B. 288).

Part B — Petition Template

APPLICATION FOR SEALING OF CONVICTION RECORD / TRUE EXPUNGEMENT

Now comes Applicant, [APPLICANT FULL LEGAL NAME], by and through [self / undersigned counsel], and respectfully applies to this Honorable Court pursuant to Ohio Rev. Code § 2953.32 [sealing] / § 2953.39 [expungement] for entry of an order [sealing / expunging] the records of the conviction(s) identified herein. In support, Applicant states:

I. Applicant

1. Full legal name: [________________________________].
2. Other names used (including aliases, married, maiden, former): [________________________________].
3. Date of birth: [__/__/____].
4. Social Security Number (last 4 digits only on public-filed copy): [____-____-XXXX].
5. BCI / SID number (from BCI rap sheet): [________________________________].
6. Current address: [________________________________].
7. Telephone: [________________________________]. Email: [________________________________].

II. Underlying Case(s)

For each conviction or disposition for which relief is sought:

III. Eligibility Statement

8. Applicant avers that the records sought to be sealed/expunged are eligible for the relief requested for the following reason(s):

☐ Applicant has been finally discharged from the conviction(s) for a period exceeding the applicable waiting period under R.C. 2953.32(B)(1)(a) [sealing] / R.C. 2953.39 [expungement].
☐ The offense is not within any exclusion under R.C. 2953.32(A)(1) (not an F1/F2; not a felony offense of violence; not a sex offense subject to Ch. 2950 registration; victim was not under 13; not a Ch. 4506/4507/4510/4511/4549 traffic offense; not theft-in-office; not M-1/M-2 domestic violence).
☐ Where multiple F-3 convictions are involved, Applicant invokes R.C. 2953.32(A)(3) / H.B. 234 consolidation: [explain] [________________________________].
☐ For dismissed / not-guilty / no-bill records, the case was [dismissed with prejudice / nolled / found not guilty / no-billed] on [__/__/____].

9. No criminal proceeding is pending against Applicant in any jurisdiction.
10. Applicant has paid all fines and restitution. Unpaid court costs (if any) are not a sentence and do not bar this application.
11. Applicant has not had a previous sealing/expungement of an excluded offense in violation of R.C. 2953.32.

IV. Grounds — Rehabilitation and Public-Interest Balancing

12. Applicant has been rehabilitated to the satisfaction of the Court, as demonstrated by:
    - Time elapsed since conviction: [____] years
    - Continuous employment: [________________________________]
    - Educational achievements: [________________________________]
    - Community involvement: [________________________________]
    - Treatment / counseling completed: [________________________________]
    - No further criminal charges: [____] years since last disposition
    - Family responsibilities: [________________________________]
    - Letters of support attached as Exhibit [____]

13. Applicant's interests in having the record [sealed / expunged] outweigh any legitimate need of the government to maintain the record because:
    - The conviction is impeding [employment / housing / professional licensing / education / military service / volunteer opportunities / immigration relief]: [________________________________];
    - The State's interest in continued public access is minimal given the [age / nature / circumstances] of the offense;
    - Sealing/expungement furthers the General Assembly's rehabilitative purpose.

V. Service of Notice (R.C. 2953.32(B)(2))

14. The Clerk is requested to set this matter for hearing not less than 45 nor more than 90 days from the date of filing.
15. The Prosecuting Attorney for [COUNTY] County has been served with a copy of this Application. The Prosecutor has 60 days to file an objection.
16. Where applicable, the victim of the offense has been notified pursuant to R.C. 2930.16. ☐ Applicable ☐ Not applicable.
17. The Ohio Bureau of Criminal Investigation (BCI) shall be served with the Court's order upon entry.

VI. Requested Relief

WHEREFORE, Applicant respectfully prays that this Court:

A. Set this matter for hearing pursuant to R.C. 2953.32(C);
B. Find Applicant rehabilitated, with no pending criminal proceeding, and that Applicant's interests in having the records [sealed / expunged] outweigh any legitimate governmental need to maintain the records;
C. Enter an order [SEALING the records of the case(s) identified herein pursuant to R.C. 2953.32 / EXPUNGING the records of the case(s) identified herein pursuant to R.C. 2953.39];
D. Direct the Clerk of Court, the Prosecutor, the arresting law-enforcement agency, the Ohio Bureau of Criminal Investigation, and all other custodians to [seal / destroy] the records consistent with the order;
E. Waive any applicable filing fee under R.C. 2953.32(E) due to indigency (Affidavit of Indigency attached, if applicable); and
F. Grant such further and other relief as is just and equitable.

Signature and Verification

Respectfully submitted,

VERIFICATION. I, [APPLICANT NAME], being first duly sworn, depose and state that I have read the foregoing Application, that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

___________________________________ (Applicant signature)
Sworn to and subscribed before me this [____] day of [_______________], [____].

___________________________________
Notary Public, State of Ohio
My commission expires: [__/__/____]

Part C — Filing Checklist

Pre-Filing

☐ Obtain BCI/Ohio rap sheet (WebCheck or BCI background check)
☐ Obtain certified docket and judgment entry for each case from Clerk of Court
☐ Confirm offense NOT within R.C. 2953.32(A)(1) exclusion list
☐ Confirm waiting period elapsed (count from final discharge: jail/prison + probation/parole + restitution + fines paid)
☐ Determine remedy: Sealing under § 2953.32 vs. True Expungement under § 2953.39
☐ Confirm no pending criminal proceedings in any jurisdiction
☐ Identify whether H.B. 234 same-transaction consolidation applies to multiple F-3 convictions
☐ Verify whether victim notification under R.C. 2930.16 is required

Application Preparation

☐ Complete Application for Sealing/Expungement (use sentencing court's local form where required)
☐ Attach BCI rap sheet, certified judgment entry, sentencing entry, discharge from probation/parole
☐ Attach rehabilitation evidence: employment, education, community involvement, letters of support
☐ Attach Affidavit of Indigency (if seeking fee waiver)
☐ Verify and notarize where required

Filing

☐ File with Clerk of Court of sentencing court (or common pleas if out-of-state/federal conviction)
☐ Pay $50 filing fee for conviction-sealing (R.C. 2953.32(E)); no fee for not-guilty/dismissed/no-bill
☐ Serve the [COUNTY] County Prosecuting Attorney
☐ Request hearing date 45-90 days out
☐ Obtain stamped/file-marked copy

Pre-Hearing

☐ Calendar prosecutor's 60-day objection deadline
☐ If prosecutor objects, prepare reply and gather supplemental rehabilitation evidence
☐ Verify victim notice given (R.C. 2930.16) if applicable
☐ Prepare proposed order tracking R.C. 2953.32(C)/(D) or R.C. 2953.39 findings

Hearing

☐ Present rehabilitation evidence
☐ Address public-interest balancing factors
☐ Address any victim or prosecutor objection
☐ Submit proposed order

Post-Order

☐ Serve certified order on Clerk of Court, Prosecutor, arresting agency, BCI, jail, probation/parole authority, and any other custodian
☐ Confirm BCI updates background-check database (allow 60-90 days)
☐ Advise Applicant of effect of sealing (limited exceptions for certain employers/licensing boards) or expungement (permanent destruction)
☐ Re-run BCI WebCheck after 90 days to confirm

Sources and References

• Ohio Rev. Code § 2953.32 — Sealing or expungement of conviction record: https://codes.ohio.gov/ohio-revised-code/section-2953.32
• Ohio Rev. Code § 2953.39 — True expungement: https://codes.ohio.gov/ohio-revised-code/section-2953.39
• Ohio Rev. Code § 2953.31 — Definitions: https://codes.ohio.gov/ohio-revised-code/section-2953.31
• Am. Sub. S.B. 288 (134th G.A.): https://www.legislature.ohio.gov/legislation/134/sb288
• Am. Sub. H.B. 33 (135th G.A.): https://www.legislature.ohio.gov/legislation/135/hb33
• Am. Sub. H.B. 234 (135th G.A.): https://www.legislature.ohio.gov/legislation/135/hb234
• Ohio Bureau of Criminal Investigation — Sealing/Expungement information: https://www.ohioattorneygeneral.gov/Law-Enforcement/Bureau-of-Criminal-Investigation
• Ohio Justice and Policy Center — Second-Chance Resources: https://ohiojpc.org/resource-library/
• State v. La Salle, 96 Ohio St.3d 178, 2002-Ohio-4009 (law in effect at time of filing controls)
• State v. Aguirre, 144 Ohio St.3d 179, 2014-Ohio-4603 (court costs not part of sentence)
• University of Akron LibGuide — Ohio Expungement / Sealing: https://libguides.uakron.edu/reentry/expungement