Ohio Expungement: SB 288, Automatic Sealing, and How to File
Ohio expanded expungement with SB 288 in 2023. Up to 2 felonies and 4 misdemeanors eligible. $50 filing fee. Full guide.
Ohio overhauled its record sealing and expungement law in April 2023 with Senate Bill 288. Before that change, Ohio was one of the more restrictive states — limited offense types, strict caps on how many convictions could be sealed, and no option for actual record destruction. SB 288 changed all three of those things. If you looked into clearing your Ohio record before 2023 and were told you did not qualify, it is genuinely worth looking again. The law is different now.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What SB 288 changed — sealing vs. expungement
Before 2023, Ohio only offered record sealing. Sealing means the record is hidden from public view — standard background checks will not show it — but the record still exists in the system. Law enforcement and certain agencies can still access it.
SB 288 added true expungement as an option. Expungement in Ohio means the record is actually destroyed — deleted from the Bureau of Criminal Investigation database, physically removed from court files. This is a stronger remedy than sealing, but it requires a longer waiting period.
For most people, sealing is the faster path and is sufficient. Sealed records do not show up on the background checks that employers and landlords run. But if you want the record completely gone, Ohio now offers that option after a longer wait.
Who qualifies — and who does not
SB 288 expanded eligibility considerably. Ohio now allows up to 2 felony convictions and 4 misdemeanor convictions to be sealed. Some violent offenses that were previously excluded are now eligible. But hard limits remain for the most serious crimes.
May qualify
- Up to 2 felony convictions (3rd, 4th, or 5th degree)
- Up to 4 misdemeanor convictions
- Multiple 3rd degree felonies treated as a single conviction in some cases
- Non-conviction records (dismissals, acquittals, no-bills) — no limits
- Certain offenses of violence that are not sexually oriented offenses (new under SB 288)
- Drug possession offenses (most)
- Theft offenses (most)
- OVI/DUI (limited — 4th degree misdemeanor only, with restrictions)
Generally does not qualify
- 1st or 2nd degree felonies
- Sexually oriented offenses
- Offenses where the victim was under 13 years old
- Felony offenses of violence that are sexually oriented
- Domestic violence (except 4th degree misdemeanor sealing under certain conditions)
- Violations of protection orders (with limited exceptions)
- Convictions where you have more than the statutory maximum number of eligible offenses
SB 288 expanded eligibility for certain violent offenses that were previously excluded. However, sexually oriented offenses and offenses against children under 13 remain categorically ineligible. If you are unsure whether your specific offense qualifies, check the ORC definition or consult an attorney.
Waiting periods
Ohio has different waiting periods depending on the type of offense and whether you are seeking sealing or full expungement. The waiting period starts from your final discharge — meaning you have completed all jail or prison time, probation, community control, and parole, and paid all fines and court costs.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Minor misdemeanor
Clock starts: Date of final discharge
Lowest category. Sealing after 6 months; full expungement (record destruction) eligible after 6 months as well.
Misdemeanor (1st-4th degree)
Clock starts: Date of final discharge
Final discharge means completion of all jail time, probation, and payment of fines.
4th or 5th degree felony
Clock starts: Date of final discharge
For sealing. Full expungement (record destruction) requires an 11-year wait after discharge.
3rd degree felony (1 or 2 convictions)
Clock starts: Date of final discharge
For sealing. Full expungement requires a 13-year wait. Requires careful review of eligible offenses.
Dismissals and acquittals
Clock starts: Date of disposition
No waiting period and no filing fee for dismissed charges, not-guilty verdicts, and no-billed cases.
Automatic sealing (SB 288)
Clock starts: Date of final discharge
Certain eligible offenses may be automatically sealed without a petition. Implementation is ongoing.
Automatic sealing — what SB 288 added
One of the most significant changes in SB 288 is the provision for automatic sealing of certain eligible offenses. Under this provision, qualifying records can be sealed without the person having to file a petition or pay a fee. The automatic sealing process is handled by the court and the Bureau of Criminal Investigation.
Implementation of automatic sealing has been rolling out since 2023. Not all courts are fully operational with the automatic process yet. If you believe your record may be eligible for automatic sealing but your record still shows the conviction, you can still file a petition for sealing under the standard process. There is no need to wait for the automatic system to catch up.
The options guide can help you determine whether your offense may qualify for automatic sealing or whether you should file a petition.
The filing process, step by step
Ohio sealing and expungement applications are filed in the court where the conviction occurred. If you have convictions in multiple courts, you file separately in each one. The good news: the $50 filing fee is a statutory cap, meaning no court can charge more than $50 regardless of how many cases you are sealing at that court.
How to seal or expunge your Ohio record
- 1
Get your Ohio BCI criminal history
1-3 weeks$25 (WebCheck) or $34 (mail)Request your criminal history from the Ohio Bureau of Criminal Investigation (BCI). This is the official record of all Ohio arrests and convictions. You need this to confirm what is on your record and to identify exact case numbers and charge classifications.
WebCheck locations are faster — results are often available within days. Find a WebCheck location at ohioattorneygeneral.gov. You will need a valid ID and fingerprints.
- 2
Get your court records
1-5 daysVaries ($5-$15 for copies)Pull your case records from the court where you were convicted. Ohio municipal courts and common pleas courts have online case search systems. You need the case number, exact charges with ORC section numbers, conviction date, and sentence completion date.
- 3
Fill out the Application to Seal Record of Conviction
1-2 hoursFreeOhio uses a standard application form available from the court clerk or online at ohiolegalhelp.org. The application asks for your personal information, case number, charges, conviction date, and sentence details. You must also include an affidavit stating that the eligibility criteria are met.
Ohio Legal Help at ohiolegalhelp.org has a free guided interview tool that generates the correct forms for your situation. It walks you through each question.
- 4
File the application at the court
1 day$50 (capped by statute); $0 with Poverty AffidavitFile the completed application with the clerk of the court where you were convicted. Pay the $50 filing fee at this step. If you cannot afford the fee, file a Poverty Affidavit (also available from the clerk) to request a waiver.
The $50 fee covers all convictions you are sealing in that court, no matter how many cases. Include everything eligible in one application.
- 5
Prosecutor review period
30 daysFreeThe court notifies the prosecutor. They have 30 days to respond. For minor offenses and straightforward cases, prosecutors often do not object. If they do object, the court schedules a hearing.
- 6
Hearing (if required)
15-45 minutesFree (attorney fees vary if you hire one)If the prosecutor objects or the judge wants more information, a hearing is scheduled. At the hearing, you explain why sealing is appropriate. The judge considers your rehabilitation, the nature of the offense, your criminal history, and the interests of the public.
Bring evidence of rehabilitation: steady employment, letters of support, community involvement, completed programs. Ohio judges have discretion and evidence of a changed life matters.
- 7
Order entered — BCI and agencies notified
30-60 days after orderFreeIf the court grants the sealing or expungement, the order is sent to the Ohio Bureau of Criminal Investigation, the arresting agency, and any other agencies that hold the record. BCI updates the state database. For full expungement (record destruction), the record is physically deleted rather than just hidden.
Run a background check on yourself after 90 days to confirm everything updated. Private background check companies operate their own databases and may need to be notified separately.
- Ohio BCI criminal history — $25 (WebCheck) or $34 (mail) from ohioattorneygeneral.gov
- Court records: case number, charges with ORC section, conviction date, sentence details
- Proof of final discharge: completion of probation/parole, payment of all fines and costs
- Completed Application to Seal Record form (from court clerk or ohiolegalhelp.org)
- Poverty Affidavit if you cannot afford the $50 filing fee
- Government-issued photo ID
- Two copies of everything — one for the court, one for yourself
Unpaid fines and costs will delay or prevent your application. Confirm with the court clerk that all financial obligations are satisfied before you file.
The $50 fee — and fee waivers
Ohio caps the filing fee at $50 by statute, which is lower than most states. That $50 covers all convictions you are sealing at that particular court, regardless of how many cases are included. There is no additional per-case fee.
If you cannot afford the $50, Ohio courts accept a Poverty Affidavit. This is a form you fill out showing your income, expenses, and assets. If you may be eligible as indigent, the fee is waived. Ask the court clerk for the Poverty Affidavit form when you go to file.
There is no filing fee to seal non-conviction records — dismissals, acquittals, and no-billed cases. If your record consists only of cases that were dropped or where you were found not guilty, the process is free.
What sealing and expungement actually do — and their limits
- Federal records are not affected. FBI databases are separate from Ohio state records. Federal background checks for federal employment or certain licensed professions may still show the conviction.
- Law enforcement retains access to sealed records. Police, prosecutors, and courts can still see sealed records for law enforcement purposes.
- Sealed records can be accessed by licensing boards in some circumstances — including healthcare, education, and childcare professions.
- You must still disclose sealed convictions when applying for certain jobs: law enforcement, positions involving children, and certain licensed professions.
- Private background check companies may take months to update. Send a copy of the court order directly and dispute any lingering records.
- Immigration consequences are not affected by Ohio sealing or expungement. Federal immigration law operates independently.
- Full expungement (record destruction) is permanent and more complete than sealing, but requires a longer waiting period.
For most people, sealing removes the conviction from the background checks employers and landlords actually run. That is the practical effect that matters most.
Free legal help in Ohio
- Ohio Legal Help — free legal information and guided interview tools: ohiolegalhelp.org
- Legal Aid Society of Cleveland — free legal services for qualifying residents: lasclev.org
- Legal Aid Society of Columbus — serves Central Ohio: columbuslegalaid.org
- Legal Aid of Western Ohio — serves 32 counties: lawolaw.org
- Southeastern Ohio Legal Services — seols.org
- Ohio State Bar Association Lawyer Referral: ohiobar.org — reduced-fee consultations
- Ohio courts self-service centers — many county courts have free self-help resources
Ohio Legal Help at ohiolegalhelp.org has a particularly useful guided interview tool that generates the correct forms for your situation. Start there if you are doing this without a lawyer.
Where to start
Get your Ohio BCI criminal history first. That report shows you exactly what convictions and arrests are on your record and gives you the case numbers you need to file. The WebCheck process through the Attorney General's office is the fastest way to get it.
Ohio changed its law significantly in 2023. More offenses are eligible, more convictions can be sealed at once, and for the first time, true record destruction is available. The $50 filing fee is among the lowest in the country. If clearing your record matters to you, Ohio has made the path more accessible than it has ever been.
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