For the past several years Expungement has been one of the most sought-after topics on our website. Not only can sealing or expunging a criminal record be beneficial to many individuals, but the laws governing expungement in Ohio have been shifting and changing, which adds to Ohio citizens’ curiosity surrounding the topic. Today (April 6, 2023) a piece of legislation goes into effect that makes changes to many aspects of Ohio law, including expungement and sealing of criminal records.
Perhaps the most significant change to note is the new legislation’s use of the term “expunge” as well as “seal” when it comes to adult criminal records. In the past a true expungement of adult criminal records was virtually unheard of. The term expungement was used interchangeably with “sealing of criminal record” because they have very similar impacts on a person’s record, but they are not identical. Sealing a criminal record means that the public no longer has access to the criminal record, nor does anyone except a few select agencies who could view the document in a need-to know situation. But the need to know could arise, and in that case the record could be viewed.
Expungement on the other hand means that the record is deleted or destroyed. True expungement in Ohio has historically been something that happens almost exclusively in juvenile court. Adult criminal records were hardly ever expunged. However, with the new law going into effect, the Ohio Revised Code lists the waiting period for sealing certain types of criminal records and separately details the waiting period for expunging certain offenses.
How One Must I Wait to Have my Criminal Record Sealed/Expunged?
While there may be some exceptions, below are the waiting periods for eligible offenders set forth by the new ORC 2923.32:
Sealing of Criminal Record Waiting Periods in Ohio
| Type of Record | Time Starts | Waiting Period |
| 1 or 2 F3 Convictions (as long as there is no bribery) | After Offender’s Final Discharge | 3 years |
| One or more convictions of F4 or F5
OR One of more misdemeanor (as long as there is no bribery and no felonies of violence) |
After Offender’s Final Discharge | 1 year |
| Records that do include bribery | After Offender’s Final Discharge | 7 years |
| For Registered Sex Offenders | After duty to register has ended | 5 years |
| Minor Misdemeanor | After Offender’s Final Discharge | 6 months |
| Bail Forfeiture in Misdemeanor Case (exceptions for multiple offenses) | After the date on which the bail forfeiture was entered upon the minutes of the court or the journal, whichever entry occurs first | Any time |
Expungement of Criminal Records in Ohio
| Type of Record | Time Starts | Waiting Period |
| Misdemeanor Offenses (as long as there is no bribery charge) | After Offender’s Final Discharge | 1 year |
| Minor Misdemeanor Offense (as long as there is no bribery charge) | After Offender’s Final Discharge | 6 months |
| Felony | After the specified time required for sealing | 10 years |
| Bail Forfeiture in Misdemeanor Case (exceptions for multiple offenses) | After the time the bail forfeiture was entered upon the minutes of the court or the journal, whichever entry occurs first | 3 years |
Conclusion
We know it can be hard to keep track of all the changes that have been made to Ohio expungement laws in the recent years, especially when each change can be a little confusing. Even in this most recent bill, there were some changes that are not detailed in this article. On top of the changing and complex rules themselves, there are still exceptions to the rules, and it can be hard to mention every single one in these summaries. If you have questions about sealing or expunging your criminal record, feel free to contact the expert attorneys at Dearie, Fischer & Martinson.
