Ohio criminal laws have been reformed by Senate Bill 288 which took effect on April 4, 2023.
WHAT OFFENSES CANNOT BE SEALED OR EXPUNGED? • 1st or 2nd degree felonies • A 3rd degree felony if applicant has (2) or more felonies of any degree • A 3rd degree felony if applicant has exactly (2) 3rd degree felonies + (2)misdemeanors + any other convictions • Traffic convictions • Felony offenses of violence that are not sexually oriented offenses • Sexually oriented offenses when the applicant is subject to the requirements of Chapter 2950 of R.C. (sex offender registry) • Offenses in which the victim of the offense was less than 13 years old (Note: this does not apply to nonsupport of dependents.) • Domestic Violence convictions (Note: 4th degree misdemeanor sealing is allowed.) • Violating Protection Order convictions.
HAVE YOU SATISFIED THE WAITING PERIOD FOR SEALING?
6 months after discharge* to seal a minor misdemeanor, one year for a misdemeanor, one year for a 4th or 5th degree felony, 3 years after 1 or 2 3rd degree felonies, if applicant subject to sex offender registry, wait 5 years after registry requirements have ended.
*A case is “discharged” when a person has fully completed any jail or prison sentence, any terms of probation or parole, and all payments of fines or fees that were a penalty for the conviction. Court costs are not part of a sentence, and unpaid court costs should not block an application.
Ohio’s new law will distinguishes between Expungement and Sealing and their effect. A “Sealed Record” is removed from all public records, and the public no longer has access to the criminal record, including anyone who pulls a background check – employers, landlords, etc. However, a sealed record is still maintained by the government for access for limited purposes. An “Expungement” shall delete, destroy, and erase a record so that the record is permanently irretrievable. While there are some exceptions for access to expunged records, there is far less access to Expunged records compared to Sealed records.
HAVE YOU SATISFIED THE WAITING PERIOD FOR EXPUNGEMENT?
6 months after discharge for minor misdemeanor, 1 year for misdemeanor, 11 years for 4th or 5th degree felony, 13 years for 3rd degree felony
Franklin County is fortunate to have the Franklin County Municipal Court Self Help Resource Center helping with expungements.
The Franklin County Municipal Court's Sealing and Expungement Office is located on the 2nd Floor of 375 S. High Street, Columbus, Ohio. The phone number is (614) 645-1706. An expungement application form can be obtained from that office. The filing fee is $50 for sealing a conviction. No filing fee for sealing a dismissal.