Seal & Expunge Criminal Record
When Can You Apply For An Expungement:
Under Ohio's expungement laws, individuals must wait a specific duration before applying for expungement, a period often referred to as the "expungement waiting period." The length of this waiting period varies based on the nature of the conviction or the resolution of the case. Importantly, the waiting period does not start until the case is fully discharged or terminated. Typically, a person is considered fully discharged when they have served the entire sentence imposed by the court, completed any required probation, and paid their restitution and/or fines. Once these requirements are met, many courts will record the specific date of case termination in their dockets. Consequently, the expungement waiting period commences on that date of termination or the final fulfillment of court sanctions.
Expungement of Felony Conviction:
An eligible offender can apply to the sentencing court to seek the expungement and sealing of their felony conviction record three years after the case's termination. However, some offenses may only require a one-year waiting period.
Expungement of Misdemeanor Conviction:
An eligible offender can apply to the sentencing court to have their misdemeanor conviction expunged and sealed one year after the case's conclusion, provided they were convicted of a misdemeanor. For minor misdemeanors, this waiting period is reduced to six months.
Expungement of Dismissed Charge:
When a charge against an individual is dismissed, that individual is eligible to apply for the expungement and sealing of their record without delay. There is no required waiting period to initiate the expungement process for a dismissed charge.
Expungement of an Acquittal:
A person who is acquitted at the end of a trial is permitted to apply for expungement without delay. There is no required waiting period to submit an expungement request for a charge that has been found not guilty.
Expungement of a No Bill:
In the event that a grand jury has issued a No Bill regarding a charge against an individual, indicating a decision not to indict, an application for expungement may be submitted at any time following the completion of two years from the date the grand jury communicated its No Bill to the court.
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Expungement of Bail Forfeiture:
An individual who has been arrested for a misdemeanor offense and has experienced bail forfeiture may submit an application to the court where the misdemeanor case was being heard, at any point after one year has passed since the bail forfeiture was recorded.
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Expungement of Multiple Offenses:
It is essential to understand that when there are two or three convictions stemming from the same incident, they will be treated as a single conviction for the purposes of expungement and sealing actions. If an individual faces multiple charges due to a single act, and at least one of those charges has a final disposition that differs from the others, that individual cannot seek expungement and sealing of their record for any of the cases until they are eligible to apply to the court for the expungement and sealing of all records related to those charges. However, a recent amendment to Ohio Expungement Law, effective September 2014 under OH SB143, introduces an exception.
If the final disposition of one charge is an unsealable conviction for a motor vehicle offense—excluding OVI (ORC 4511.19) or physical control of a vehicle while under the influence (ORC 4511.194)—and if the records for all other charges would qualify for expungement under the Not Guilty / Dismissal / No Bill expungement law (2953.52) without that conviction, the court may permit the sealing of records for all charges. In this scenario, the court cannot seal or expunge only part of the records. Consequently, if an individual has a Not Guilty, Dismissal, or No Bill record expunged from a case that includes a traffic offense, the traffic offense will also be expunged and sealed as part of the overall expungement process (ORC 2953.61). Thus, the Not Guilty, Dismissed, or No Bill criminal record will be expunged alongside the associated traffic charge.
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Have more Expungement Questions?
If your circumstances are not covered in this information, we invite you to utilize our complimentary consultation for cases in Ohio. Reach out to us today to talk about your situation.
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Representing Clients in Courts Throughout Ohio:
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Champaign County Municipal Court
Montgomery County Municipal Courts
Clinton County Municipal Court
Washington Court House Municipal Court
Jackson County Municipal Court
Franklin County Municipal Court
Hamilton County Municipal Court
