O.R.C. Sec. 2953.32Sealing of conviction record or bail forfeiture record. Application may be made at the expiration of 3 years after the offender's final discharge if convicted of 1 or 2 third degree felonies, or at the expiration of 1 year after the offender's final discharge if convicted of 1 or more fourth or fifth degree felonies. Final discharge means after serving sentence, completing parole, paid all fines, paid all restitution. However, "sentence" does not include payment of court costs. Felonies are eligible for complete expungement after 10 years.
Misdemeanors are eligible for sealing and actual expungement, destroying of the record, after 1 year, 6 months for minor misdemeanors.
There is no limit to the number of non-violent F4 and F5 convictions that may be sealed. Up to two (2) non-violent F3 convictions may be sealed.
Tier 1 & 2 sex offenses may be sealed, if victim is over 13. The applicant must wait 5 years from the date their SORN requirements end.
First- or second-degree felonies cannot be expunged from the record. Violent crimes with first-degree misdemeanor or felony charges cannot be expunged, with the exception of first-degree misdemeanor convictions for inciting to violence (ORC 2917.01), assault (ORC 2903.13), riot (ORC 2917.03), or inducing panic (ORC 2917.31). Violent offenses include:
•Rape
Robbery
•Sexual Battery
•Corruption of a Minor
•Gross Sexual Imposition
•Sexual Imposition
•Obscenity Involving a Minor
•Pornography Involving a Minor
•Illegal Use of a Minor in Pornography
•Felonious Sexual Penetration
•Voyeurism
•DUI
Misdemeanor 4th Degree Domestic Violence (DV M4) or Violation of Protection Order (VPO).
Additionally, the Ohio Revised Code has been amended and passed over the years to preclude additional felony convictions and misdemeanor convictions, where there was a victim under the age of 13, including:
•Voyeurism
•Public Indecency
•Compelling Prostitution
•Promoting Prostitution
•Procuring
•Disseminating Matter Harmful to Juveniles
•Displaying Matter Harmful to Juveniles
•Pandering Obscenity
•Deception to Obtain Matter harmful to Juveniles
(An exception to this rule is failure to pay child support which is now eligible for expungement. S.B 337 September 2012)
