When Can Criminal Records Be Sealed or Expunged?
In Ohio, sealing or expunging a criminal record can open doors that were previously closed—whether that means applying for a job, securing housing, or restoring reputation. Fortunately, at Heckert & Moreland Co., LPA in Columbus, Ohio, we’ve spent years helping people understand how criminal records affect their futures and what options exist to move forward.
As a firm focused on criminal defense, we know how important it is to provide accurate guidance on when and how records can be cleared. We are dedicated to fighting for your future every step of the way.
The Difference Between Sealing and Expungement
Under Ohio law, the terms “sealing” and “expungement” are sometimes used interchangeably, but they mean different things. Sealing a record means that the official documents relating to the case are hidden from public view.
While law enforcement and certain government agencies still have access, most employers and background check services won’t.
Expungement, on the other hand, refers to the destruction of records. Ohio law now allows for the expungement of certain convictions, something that wasn’t always available. These distinctions matter because they affect who can see the information and what a person is legally allowed to say about their past.
A few key points to keep in mind when considering sealing or expungement in Ohio include:
Sealing hides the record from public view but keeps it accessible to law enforcement and government agencies
Expungement destroys the record entirely
Ohio law recently expanded eligibility for expungement
Background checks are typically cleared after sealing or expungement
Choosing the wrong process can delay relief or lead to disqualification
We take time to review each case individually. Not everyone is eligible, and criminal defense attorneys must be careful in determining whether sealing or expungement is the right course of action.
Eligibility for Sealing a Record in Ohio
Eligibility depends on several factors, including the type of offense, how many convictions are on the record, and how long it’s been since the sentence was completed.
In Ohio, certain offenses can never be sealed, including serious violent crimes and many sex offenses. That said, changes in the law have expanded eligibility for sealing in recent years, giving more people the chance to move on.
We often work with individuals who were convicted of misdemeanors or lower-level felonies. In these cases, Ohio law generally allows for sealing after a waiting period—usually one to three years after completing all terms of the sentence, including probation and payment of court costs.
For those who were charged but never convicted, sealing may be possible much sooner.
Our criminal defense practice is built on helping clients understand when the clock starts ticking. Just because a sentence was served years ago doesn’t mean the record is automatically sealed.
A petition must be filed with the court, and the burden is on the individual to show that their interest in sealing outweighs the government’s interest in keeping the record public.
Expungement for Certain Convictions
Ohio law recently added provisions allowing for expungement—meaning the actual deletion—of certain criminal records. This has created new opportunities for individuals who previously had no legal recourse. However, the rules are strict, and not every conviction can be expunged.
Felonies of the first and second degree aren’t eligible, and crimes involving violence or harm to others typically fall outside the scope of what can be erased. Still, many non-violent, lower-level offenses may now qualify.
As criminal defense attorneys, we carefully analyze whether a client’s specific conviction type is eligible, whether they’ve met the time requirements, and whether any additional legal issues—such as unpaid restitution—might stand in the way.
For clients who meet the criteria, the opportunity to erase the record completely can change their lives. Once a record is expunged, the individual is legally permitted to state that the offense never occurred, and it won’t appear on most background checks.
Sealing Records After Dismissals or Not Guilty Verdicts
Not every interaction with the criminal justice system ends in a conviction. Many people are arrested or charged and then later have their case dismissed or are found not guilty. Under Ohio law, these individuals often qualify to have their records sealed right away.
Even if no conviction occurred, the arrest and charges may still appear in public databases. We often meet clients who were shocked to learn that their old charges were showing up on background checks, even though they were cleared.
That’s where a focused criminal defense firm like ours can help. We prepare and file the proper motions to seal these records and follow through with any required hearings.
Sealing dismissed cases is especially important for clients pursuing professional licenses or job opportunities where character and judgment are evaluated. The process can be quick in some counties and slower in others, depending on how the courts manage these requests. But in almost every situation, the effort is worth it.
Juvenile Records and Second Chances
Ohio also provides a separate process for sealing and expunging juvenile records. The law recognizes that mistakes made in youth shouldn't always follow a person into adulthood. Juvenile adjudications are treated differently from adult convictions, but they still can affect background checks and college or job applications.
We help clients who were adjudicated delinquent as minors understand their options under current law. Most juvenile records can be sealed and then expunged after a waiting period, assuming there have been no new offenses. Once sealed, the record is no longer available to the public. After expungement, it’s completely removed.
Our criminal defense work includes guiding families through this process. For many young people, clearing a juvenile record is the first real step toward moving forward.
The Petition Process in Ohio Courts
Whether someone is seeking to seal or expunge a record, the process begins with filing a petition in the appropriate court. This petition must include detailed information about the case, including dates, court locations, the statute involved, and a statement about why sealing or expungement should be granted.
Once the petition is filed, the court notifies the prosecutor’s office. They have an opportunity to object. In some cases, prosecutors won’t object, especially if the petitioner has been law-abiding and the offense was relatively minor. In others, they may push back, arguing that public interest outweighs the petitioner’s request.
As criminal defense lawyers, we prepare our clients for a hearing, if one is scheduled.
During the hearing, the judge will review the record, hear arguments from both sides, and then decide whether the record should be sealed or expunged. The outcome often depends on the facts of the case and how clearly the petitioner presents their rehabilitation and current conduct.
How Sealing and Expungement Affect Daily Life
One of the most common questions we hear is, “Will this clear my record completely?” The answer depends on what relief is granted. Sealing hides the record from public view but doesn’t erase it.
Expungement deletes it entirely. For most clients, either result can significantly improve their chances of finding employment, renting a home, or pursuing professional opportunities.
Under Ohio law, once a record is sealed or expunged, individuals are generally allowed to answer “no” when asked if they’ve been convicted of a crime—unless applying for certain government jobs or licenses. This distinction is critical, and we always advise our clients on how to answer background questions going forward.
We also explain that background check companies may take time to update their records. Once a sealing or expungement is granted, we follow up with clients to make sure they have copies of the court order and understand what steps may be needed if old records continue to appear.
Second Chances Are Possible
At Heckert & Moreland Co., LPA, our criminal defense practice is focused on giving people a path forward. We’re proud to serve Columbus, Ohio, and the surrounding areas across central Ohio. Call today to speak with an experienced criminal defense attorney.