Record Sealing vs. Expungement: Understanding the Difference
Many people use the terms record sealing and expungement interchangeably, but in Ohio law they have distinct meanings. Expungement completely removes a record from public view and allows you to legally answer “no” when asked about the conviction. Record sealing restricts public access but the record still exists in law enforcement systems. Understanding this distinction is critical to evaluating your options under current Ohio law.
Ohio’s Expungement Statute: R.C. 2953.32
Ohio Revised Code Section 2953.32 governs expungement of convicted offenders. Under this statute, you may petition the court to expunge your record if you meet specific criteria. The key requirement is that you have not been convicted of any felony, misdemeanor, or violation in Ohio for a specified period following your discharge from supervision or completion of sentence.
For misdemeanor convictions, the waiting period is typically one year after discharge from probation or completion of sentence. For certain felonies, the waiting period extends to three or five years depending on the offense level. If you successfully satisfy this waiting period without new convictions, you become eligible to petition the court for expungement.
Record Sealing Under R.C. 2953.36
Record sealing provides an alternative when full expungement isn’t available. Under R.C. 2953.36, you may petition the court to seal records of your arrest, conviction, or sentence. Sealing makes the record unavailable to the general public, though law enforcement, the courts, and certain governmental agencies can still access it. Sealing is broader in scope than expungement—you may be eligible to seal records for offenses where expungement isn’t permitted.
Eligible Offenses for Expungement
Most misdemeanor convictions are eligible for expungement once the waiting period expires. First and second-degree felonies have longer waiting periods but may be expungeable. Fourth and fifth-degree felonies also become eligible after appropriate waiting periods. However, many serious offenses are completely ineligible for expungement, creating permanent criminal records.
Offenses That Cannot Be Expunged
Ohio law provides no expungement option for certain offenses. Sex offenses, particularly those requiring sex offender registration under R.C. 2950.99, are generally ineligible for expungement. Violent felonies including murder, rape, aggravated robbery, and felonious assault cannot be expunged. DUI convictions, even misdemeanor DUI, generally cannot be expunged, though sealing may be available in limited circumstances.
Convictions for crimes against the person, human trafficking, and felony drug trafficking offenses are also categorically excluded. If your conviction falls into one of these categories, expungement is not an option, though you may explore record sealing instead.
Understanding Waiting Periods
The waiting period begins when you are discharged from probation, prison, or other community control sanctions. It is not the date of conviction or sentencing, but rather the date you complete your sentence and discharge. Many people miscalculate their eligibility date. If you were sentenced in 2018 and probation ended in 2020, the waiting period for a misdemeanor offense begins in 2020, making you eligible in 2021, not 2024.
During the waiting period, if you are convicted of any new crime—even a minor misdemeanor—the clock resets. You must remain conviction-free for the entire waiting period to maintain eligibility.
The Expungement Application Process
To pursue expungement, you petition the county court of common pleas where you were convicted. Your petition must include information about your original conviction and demonstrate that you meet statutory requirements. The prosecutor has the opportunity to object, though in many cases the state does not oppose expungement of older misdemeanor records.
The court will review your petition and criminal history. If the court grants expungement, your record is removed from public databases. Your arrest and conviction are sealed. However, this does not mean the record disappears entirely—it remains available to law enforcement and certain other entities, but ordinary background checks will not reveal it.
Costs and Fees Associated with Expungement
Court filing fees in Ohio typically range from $50 to $150 depending on the county. If you represent yourself, costs are minimal. However, many people benefit from attorney representation. An attorney can ensure your petition is properly prepared, respond to any state objections, and present arguments to the court supporting your petition. Attorney fees for expungement range from $500 to $2,000 depending on complexity.
Recent Legislative Expansions in 2026
Ohio lawmakers have increasingly recognized that old criminal records create barriers to employment and housing. Recent legislative efforts have expanded eligibility for record sealing and expedited certain processes. Stay informed about changes to expungement law, as new legislation may affect your eligibility or create new opportunities for record clearing.
Common Mistakes That Delay or Derail Expungement
Miscalculating Eligibility Dates: Many petitioners file too early, leading to dismissal and delay of re-filing. Verify your exact discharge date with the court or prosecutor.
Incomplete Petitions: Petitions missing required information are returned and require resubmission. An experienced attorney ensures completeness.
Incorrect Venue: Filing in the wrong county court delays the process. Your case must be filed where the original conviction occurred.
Failing to Notify the Prosecutor: Ohio law requires notice to the prosecutor. Failure to provide proper notice can result in dismissal.
Why Hire an Experienced Expungement Attorney
While expungement law may seem straightforward, pitfalls are common. An experienced attorney avoids mistakes, verifies your eligibility, handles all procedural requirements, and advocates for your interests with the court and prosecutor. The relatively modest cost of attorney representation is far outweighed by the benefit of a successful expungement that removes barriers to employment, housing, professional licensing, and other opportunities.
Contact Zukerman, Lear, Murray & brown Co., L.P.A.
3912 Prospect Ave E
Cleveland, Ohio 44115
(216) 696-0900
