What is the new law for expungement in Ohio?
Asked by: Rachel Prosacco Jr. | Last update: February 12, 2026Score: 4.9/5 (42 votes)
Ohio's new law (Senate Bill 288, effective April 2023) significantly eases criminal record sealing and introduces true expungement, removing caps on eligible offenses, creating shorter waiting periods, speeding up court processes, and expanding who can apply, making it easier for people to clear records for better housing and employment, with offenses like violent crimes and some sex offenses still ineligible.
What charges cannot be expunged in Ohio?
Which Criminal Records Cannot Be Expunged and Sealed in Ohio?
- Any first- or second-degree felony,
- Any violent crime,
- DUI/OVI,
- Sexual battery,
- Rape,
- Sexual imposition,
- Gross sexual imposition,
- Domestic Violence,
How long do I have to wait to expunge my record in Ohio?
How long do I have to wait before filing to seal my records? You will need to wait one year after the final discharge for a misdemeanor and three years after the final discharge for a felony. The final discharge happens when any court-ordered jail time, parole, probation or community service has been completed.
How can I get my record expunged for free in Ohio?
The Second Chance Project provides free, direct legal services, expertise, and resources for: Record Sealing or Expungement. For Ohio convictions.
What crimes are not expungeable?
Crimes that generally cannot be expunged include serious violent offenses (murder, rape, aggravated assault, kidnapping), sex offenses (especially those involving minors or requiring registration), human trafficking, terrorism, arson, DUI/DWI (especially felony levels), domestic violence, crimes involving serious bodily harm or death, public corruption, and many serious traffic offenses, though specifics vary significantly by state. Federal convictions are also often ineligible, and some states bar expungement for repeat offenders or certain high-level felonies.
Local attorney discusses criminal record expungement in the state of Ohio
Does your criminal record clear after 7 years?
Unlike the popular myth of the “seven-year rule,” conviction records do not automatically expire or disappear from your criminal history after any specific time period. Your criminal record is maintained at multiple levels within the justice system.
What are the hardest crimes to prove?
Top 5 Hardest Criminal Charges to Beat
- First-degree Murder.
- Sexual Assault.
- Drug Trafficking.
- White-collar Fraud.
- Repeat DUI Offenses.
- DNA Evidence.
- Digital Forensics.
- Ballistics and Weapon Analysis.
Is expunging your record worth it?
Yes, for most people, criminal expungement is highly worth it, offering significant benefits like better job and housing opportunities, easier access to education, and restored civil rights, effectively giving a fresh start by removing past convictions from public view. While the legal process can be complex and not all records are eligible (especially serious offenses like domestic violence), the rewards of clearing your name and unlocking future potential often outweigh the effort and cost, says Anshin Mobile Notary & LiveScan and Lohrke Law.
What is the Second Chance Act in Ohio?
The Second Chance Act of 2007 aims to reduce recidivism, rebuild ties between defendants/persons under supervision and their families, support evidence-based practices, protect the public, and assist in establishing a self-sustaining life.
How much does expungement cost in Ohio?
How much does it cost to seal or expunge a case? There is no fee for non-convictions. There is a $50 non-refundable fee for convictions. Under the Revised Code, an applicant may request to have the records of more than one case in a single application.
Can you file for expungement yourself?
Yes. You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging.
Does Ohio follow the 7 year rule background check?
Does Ohio Follow the 7-Year Rule Background Check? Yes, Ohio follows the seven-year rule under the FCRA, restricting reporting of arrests, civil suits, and paid tax liens beyond seven years. Exceptions apply for jobs with salaries over $75,000 and criminal convictions, which can be reported indefinitely.
Who can see expunged records in Ohio?
Can anyone see my sealed/expunged criminal record? Most employers, landlords, etc., are not allowed access to expunged records. But under limited circumstance, there are some exceptions for police; clerk of courts; or Ohio Bureau of Identification and Investigation, and certain state licensing agencies.
Can police pull up expunged records?
Police and other law enforcement agencies can access an expunged record only for certain purposes, such as if you apply for a law enforcement job or certification. In fact, if you seek employment as a police officer or similar role, you are required to disclose expunged convictions during the background process.
Do felonies go away after 7 years in Ohio?
Contrary to popular belief, a criminal record is not automatically sealed, expunged, nor does it disappear after a number of years. In fact, a felony will stay on one's record until an application for expungement is filed with the Court to expunge and/or seal a record.
What is the Clean Slate Act in Ohio?
In Ohio, people can apply for both record sealing and expungement of juvenile records at the same time. If only sealing of the juvenile records is granted, the juvenile court will expunge the records 5 years after they are sealed or when the person turns 23 years old –whichever happens first.
What is the Juliet law in Ohio?
Ohio's "Romeo and Juliet law" refers to provisions within its unlawful sexual conduct with a minor statute that reduce penalties for consensual sexual activity between young people close in age, typically with a less than four-year age gap, lowering charges from a felony to a misdemeanor. This law aims to prevent harsh punishments for normal teenage exploration, recognizing that the age of consent in Ohio is 16, but applying protections when an older teen (like 18) has relations with a younger one (like 15 or 14) if the age difference is small, though it doesn't eliminate charges entirely and has specific requirements, often linked to ORC § 2907.04.
What charges are not expungeable?
Crimes that generally cannot be expunged include serious violent offenses (murder, rape, aggravated assault, kidnapping), sex offenses (especially those involving minors or requiring registration), human trafficking, terrorism, arson, DUI/DWI (especially felony levels), domestic violence, crimes involving serious bodily harm or death, public corruption, and many serious traffic offenses, though specifics vary significantly by state. Federal convictions are also often ineligible, and some states bar expungement for repeat offenders or certain high-level felonies.
What is the new sentence law in Ohio?
Ohio has several new and recent sentencing law changes, including the "Reagan Tokes Law" (SB 201) from 2019, which created indefinite sentencing for serious felonies. More recent legislative efforts in 2024-2025 focus on sentencing for Alford pleas (HB 234), harsher penalties for inmates harming staff (Andy's Law), new offenses for moving human remains (HB 459), and adjustments to post-release financial sanctions (HB 296).
Is it better to get your record expunged or sealed?
It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate.
Can the FBI see my expunged record?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
How do I know if my record is expunged?
The clerk can look up your information and tell you what is in their system, such as the expungement order or other criminal convictions, arrests, or charges. Likewise, you can contact law enforcement to see if your information still shows up in their system.
What is the most cleared crime?
Crime clearance rate U.S. 2023, by type of offense
In 2023, murder and manslaughter charges had the highest crime clearance rate in the United States, with 57.8 percent of all cases being cleared by arrest or so-called exceptional means.
What felony is worse, C or D?
Class D felonies encompass offenses that still have considerable seriousness but are generally less impactful than those classified as Class A, B, or C. These crimes may involve lower levels of harm or smaller financial losses. They carry a maximum penalty of between 5 and 10 years in prison.
What are the 8 focus crimes?
"8 focus crimes" typically refers to the Uniform Crime Reporting (UCR) Program's Part I offenses in the U.S. (murder, rape, robbery, assault, burglary, theft, vehicle theft, arson) or, in the Philippines, the Philippine National Police (PNP) list (murder, homicide, physical injury, rape, robbery, theft, carnapping of vehicles/motorcycles). These lists cover serious, frequent crimes that law enforcement tracks closely, though the specific categories differ slightly between systems.