Will my expunged record show up on a background check in Ohio?
Asked by: Sharon Auer | Last update: April 13, 2025Score: 4.2/5 (48 votes)
In most cases, sealed/expunged records will not appear on background checks. This means it may be easier for you to apply for a job, professional license, get housing, apply to college or apply for credit. But there are exceptions when sealed records may be accessed by some employers or agencies.
Who can see my expunged record in Ohio?
Who Can See Sealed Criminal Records in Ohio. Usually, law enforcement agencies are allowed access to sealed records. The records will help those agencies in future investigations. Other times, sealed records are used as a reference for future sentences.
How long does it take for your record to clear after expungement in Ohio?
After BCI&I receive notification of the expunged record, their process to remove state records can take two to four months to complete.
Can employers see sealed records in Ohio?
Law enforcement and government officials have access to the record for new criminal investigations; employers in law enforcement, schools, health care, etc. can see sealed records. Criminal record checks for teachers are limited to the list of offenses dictated by the Ohio Department of Education.
Who can see your record after expungement?
Also, certain government agencies will almost always have access to expunged records. Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
Erb Legal - Will My Expunged Record Show Up on a Background Check in Ohio?
What companies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)
Can an expungement be reversed?
Rest assured that the expunged crime will not be reversed, meaning it will still be invisible to employers and landlords during a background check. However, law enforcement and the criminal court can use your expunged crime against you after a new arrest.
What is the new law for expungement in Ohio?
As of October 2023, Ohio law was expanded to allow for non-convictions (not guilty, dismissals, no bills) to be sealed AND expunged. Previously, only sealing was available. There are no exceptions to what non- conviction can be sealed, but there are exceptions to what non-conviction can be expunged.
Will an expunged record show up on a federal background check?
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 far back does a background check go in Ohio?
The FCRA contains a seven-year lookback provision that prohibits CRAs from reporting certain information that is seven or more years old.
Does expungement restore gun rights in Ohio?
Some types of convictions in Ohio, like felony drug convictions, can lead to your firearm rights being restricted. One way to demonstrate to the court that you have returned to a law-abiding life is to have prior convictions sealed or expunged.
What 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,
Does your criminal record clear after 7 years in the USA?
A common myth in the US is that criminal records are automatically cleared seven years after an arrest, charge, or conviction. This is not true.
What's the difference between getting your record sealed and expunged?
Summary: Record sealing is only available for an adult arrest that did not result in a conviction, or most juvenile criminal records. Criminal record expungement is the only relief available if a conviction occurred, as an adult criminal conviction can never be sealed in California.
How much does it cost to get your record expunged in Ohio?
EXPUNGEMENT APPLICATION INFORMATION
A non-refundable $50 filing fee is to be paid at the Criminal Clerk's office at the time of application for expungement of a Conviction. No filing fee is required for Acquittals or Dismissals.
Will an expunged record show up on a level 2 background check?
Typically, live scans cover criminal convictions within the last seven years, except for certain law enforcement roles that may require a more in-depth review, such as a Level 2 FBI check. The latter can expose all details on your record, including expunged records.
Can the government see expunged records?
Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.
What fails a federal background check?
But it's not just crimes. Discrepancies in your employment or education history, major financial problems, or even lying on your application can trigger a failed check. For jobs requiring security clearance, a history of drug use, financial instability, or even risky personal relationships can raise red flags.
Can employers see expunged misdemeanors?
Under California law, it is unlawful for an employer to gain access to information on an arrest that did not lead to a conviction unless there is a pending arrest. Employers cannot receive information on any convictions expunged or sealed.
Who can see expunged records in Ohio?
The BCI can keep a record of expunged convictions for the limited purpose of determining an individual's qualification or disqualification for employment with law enforcement, and those records shall only be disclosed to law enforcement.
Can you reverse an expungement?
A Type of Dismissal
Instead, it is used to clear defendants' records after sentencing. In most states, an expungement would not be reversed because the defendant already served their sentence.
Does Ohio have a clean slate program?
What is the Clean Slate Law in Ohio? Effective April 4, 2023, Senate Bill 288 was codified. This created significant changes in the sealing and expunging of criminal records in Ohio. This includes conviction records, not-guilty findings, bail forfeitures, and dismissed charges.
How many times can you expunge your record?
There are no limits to how many times you can file a petition for a Section 1 expungement, and they may be filed even if the individual has previously filed for expungement of convictions.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
Do you have to disclose expunged records for security clearance?
If you do not disclose your expunged charges on your security clearance application, you could be denied a security clearance. You could also be subject to other consequences, such as disciplinary action from your employer or even criminal prosecution.