Ohio Expungement Services
Felony Expungement in Ohio
Some felony convictions can be expunged or sealed in Ohio, including certain third-, fourth-, and fifth-degree felonies. Eligibility depends on the exact offense, the degree of the felony, your complete criminal record, completion of the sentence, and the required waiting period. First- and second-degree felonies and several other excluded offenses generally do not qualify.
Ohio Felony Expungement Eligibility
Can You Expunge a Felony in Ohio?
Yes, some felony convictions can be expunged or sealed in Ohio. Qualifying fourth- and fifth-degree felonies are often eligible, and one or two qualifying third-degree felony convictions may also be eligible. The final decision depends on the exact offense, the applicant’s complete criminal history, completion of all sentencing requirements, the final-discharge date, and whether the statutory waiting period has passed.
Not every felony can be cleared. First- and second-degree felonies, many offenses of violence, certain sexually oriented offenses, theft in office, and several offenses involving children are excluded from Ohio’s record-sealing and expungement laws.
A felony conviction does not disappear automatically with time. To clear an eligible record, the person must file the correct application with the sentencing court and satisfy Ohio’s statutory requirements.
Because eligibility is based on the statute of conviction and the complete court record—not merely the common name of the charge—the safest first step is a detailed eligibility review.
Qualifying Felony Convictions
What Felonies Can Be Expunged in Ohio?
Ohio law allows certain felony convictions to be sealed or expunged, but eligibility is determined by the felony level, the exact criminal statute, the applicant’s other convictions, and whether the sentence has been fully completed.
Can a Fifth-Degree Felony Be Expunged in Ohio?
Many qualifying fifth-degree felony convictions may be eligible for record sealing one year after final discharge. The offense must not fall within one of Ohio’s statutory exclusions, and the applicant must otherwise satisfy the criminal-history and filing requirements.
Can a Fourth-Degree Felony Be Expunged in Ohio?
Many qualifying fourth-degree felony convictions may also be eligible for sealing one year after final discharge. Eligibility still depends on the exact offense, complete criminal history, pending cases, and completion of every sentencing obligation.
Can a Third-Degree Felony Be Expunged in Ohio?
One or two qualifying third-degree felony convictions may be eligible for record sealing three years after final discharge. Some third-degree felonies are excluded, however, so the statute of conviction must be reviewed carefully.
Can Multiple Felonies Be Expunged?
Having more than one felony conviction does not automatically make a person ineligible. Some convictions may be treated together when they arose from the same act, were committed at the same time, or resulted from related conduct handled in the same proceeding. Other convictions must be counted separately.
Can a Dismissed Felony Charge Be Expunged?
Many dismissed felony charges, not-guilty findings, and grand-jury no bills may qualify for sealing or expungement under rules that differ from those governing felony convictions.
The charge name alone does not determine eligibility. The court record should be reviewed for the exact statute, felony degree, disposition, sentence, final-discharge date, and complete criminal history.
Attorney Insight
You May Be Eligible Even If You Have a Felony Conviction
One of the most common misconceptions we encounter is that a felony conviction automatically prevents someone from clearing a criminal record. Ohio law is more nuanced, and eligibility should be based on the complete court record rather than the charge name alone.
The outcome can depend on the exact offense, the degree of the felony, how multiple convictions are counted, whether all sentencing requirements have been completed, and when final discharge occurred.
We have reviewed records for people who believed they had no options, only to discover that one or more cases may have qualified for sealing or expungement. The opposite can also happen: a lower-level felony may still be subject to a statutory exclusion.
A complete eligibility review should examine the charging document, final disposition, sentencing entry, final-discharge date, and full criminal history before an application is filed.
Want to Know if Your Felony May Qualify?
Start with our confidential, free eligibility test. It is the fastest way to determine whether you may qualify for felony expungement or record sealing in Ohio.
Ohio Law Explained
Understanding Ohio’s Felony Expungement Laws
Ohio’s record-clearing laws are primarily found in Ohio Revised Code Chapter 2953. These statutes establish who may qualify for record sealing or expungement, the applicable waiting periods, offenses that are excluded, and the factors a court must consider before granting relief.
Ohio Revised Code 2953.32
This statute governs the sealing and expungement of qualifying conviction records. It explains filing eligibility, waiting periods, how multiple convictions may be treated, prosecutor objections, rehabilitation, and the balancing test courts apply before granting relief.
Ohio Revised Code 2953.33
This section addresses dismissed charges, not-guilty findings, grand jury no bills, and certain pardoned cases. These records follow a different legal process than felony convictions and are often eligible under different standards.
Understanding which statute applies to your case is just as important as understanding whether your record may qualify. Conviction records and dismissed cases are governed by different sections of Ohio law.
Statutory Exclusions
Which Felonies Cannot Be Expunged in Ohio?
Several categories of felony convictions cannot be sealed or expunged under Ohio law. These generally include first- and second-degree felonies, many felony offenses of violence, certain sexually oriented offenses, theft in office, and certain offenses involving victims younger than 13.
Some third-degree felonies may also be excluded depending on the offense. A conviction that appears eligible based only on the felony level may still be barred because of the underlying statute.
- First-degree felony convictions
- Second-degree felony convictions
- Many felony offenses of violence
- Certain sexually oriented offenses
- Theft in office convictions
- Certain offenses involving children
- Some excluded third-degree felonies
- Cases affected by pending criminal proceedings
Eligibility should be determined from the exact statute of conviction, not merely from the offense name or felony degree.
Waiting Periods for Felony Sealing and Expungement in Ohio
Ohio’s waiting periods generally begin after final discharge, not on the date of conviction. Final discharge usually means every part of the sentence has been completed, including incarceration, probation or community control, post-release control when applicable, fines, restitution, and other court-ordered obligations.
Waiting Period to Seal a Felony Record
A qualifying fourth- or fifth-degree felony conviction may generally be eligible for record sealing one year after final discharge.
One or two qualifying third-degree felony convictions may generally be eligible for record sealing three years after final discharge.
These timelines do not apply to every felony. The offense must still be eligible under Ohio law, and other convictions or pending criminal matters may affect when an application can be filed.
Waiting Period to Expunge a Felony Record
Expungement is a separate form of relief with a much longer timeline. A qualifying felony conviction may generally be considered for expungement 10 years after the date on which the person first became eligible to apply for record sealing.
For example, a qualifying fourth- or fifth-degree felony may generally become eligible for sealing one year after final discharge and for expungement 10 years after that sealing-eligibility date. A qualifying third-degree felony may generally become eligible for sealing three years after final discharge and for expungement 10 years after that date.
The waiting period does not begin until final discharge. Unpaid restitution, unfinished supervision, or another incomplete sentencing requirement may delay the eligibility date.
Because the correct filing date depends on the offense, the degree of the felony, the complete criminal history, and the date of final discharge, it is important to calculate the timeline from the court record rather than from memory.
Learn more in our Ohio expungement waiting-period guide.
The Filing Process
How to Expunge a Felony in Ohio
To expunge or seal an eligible felony conviction in Ohio, an applicant generally must identify the correct court record, confirm that the offense qualifies, calculate the waiting period from final discharge, file an application with the sentencing court, and attend the required hearing.
1. Confirm the Exact Felony Conviction
Obtain the charging document, final disposition, sentencing entry, and docket information so the statute and degree of the conviction can be verified.
2. Determine Whether the Felony Is Eligible
Review the offense for statutory exclusions and evaluate how any other misdemeanor or felony convictions affect eligibility.
3. Verify Final Discharge and the Waiting Period
Confirm that incarceration, probation, community control, post-release control, restitution, fines, and all other sentencing requirements have been completed.
4. File the Application With the Sentencing Court
The application is generally filed in the court that handled the felony conviction. Separate cases or convictions in different courts may require separate filings.
5. Prepare for the Court Hearing
The prosecutor may object, and the court may consider eligibility, rehabilitation, the applicant’s reasons for requesting relief, and any legitimate governmental need to retain the record.
Filing the wrong application, calculating the waiting period incorrectly, or overlooking another conviction can delay the case or result in denial.
Practical Guidance
Common Mistakes When Seeking Felony Expungement in Ohio
Many people wait years before learning they may have been eligible to clear their record. Others file too early or misunderstand how Ohio’s expungement laws apply to their case. Understanding these common issues before filing can help avoid unnecessary delays.
Calculating the Waiting Period Incorrectly
One of the most common mistakes is calculating eligibility from the date of conviction instead of the date of final discharge. The waiting period generally begins only after every part of the sentence has been completed.
Assuming Every Felony Qualifies
Some people assume that every fourth- or fifth-degree felony can be sealed or expunged. Others assume no felony qualifies. Neither is necessarily true. Eligibility depends on the offense, criminal history, statutory exclusions, and several additional factors.
Ignoring Other Criminal Cases
Pending criminal proceedings or additional convictions may affect eligibility or delay the filing process. A complete review of your criminal history is often necessary before determining whether you qualify.
Waiting Until an Opportunity Is Lost
Many applicants begin researching expungement only after a job offer, housing application, or professional license is affected by a background check. Because the court process takes time, it is often better to determine eligibility before those opportunities arise.
Every criminal record is unique. A complete eligibility review is often the fastest way to determine whether you qualify and when an application can be filed.
Find Out Whether Your Ohio Felony May Qualify
Complete our free eligibility test to begin determining whether your felony record may qualify for sealing or expungement in Ohio.
Frequently Asked Questions
Felony Expungement FAQs
Can a felony be expunged in Ohio?
Yes, some felony convictions can be expunged or sealed in Ohio. Many qualifying fourth- and fifth-degree felonies may be eligible, and one or two qualifying third-degree felony convictions may also qualify. First- and second-degree felonies and several other excluded offenses generally cannot be cleared. Eligibility depends on the exact offense, complete criminal history, completion of the sentence, final discharge, pending cases, and the required waiting period.
What felonies can be expunged in Ohio?
Many qualifying third-, fourth-, and fifth-degree felony convictions may be eligible for sealing or expungement. Eligibility depends on the exact statute, whether the offense is excluded, the number and type of other convictions, completion of sentencing requirements, final discharge, and the applicable waiting period.
How do I expunge a felony in Ohio?
Start by obtaining the complete court record and confirming that the offense is eligible. Next, calculate the waiting period from final discharge, prepare the correct application, file it with the sentencing court, and attend the court hearing. The prosecutor may object, and the judge will evaluate statutory eligibility, rehabilitation, and the circumstances of the case.
What is the difference between sealing and expunging a felony record?
Record sealing generally restricts public access to an eligible felony record. Expungement is a separate form of relief that generally becomes available after a much longer waiting period and directs the qualifying record to be destroyed, deleted, or erased as provided by Ohio law. Some records may qualify for sealing but not expungement.
Which felony convictions cannot be sealed or expunged in Ohio?
Ohio law excludes several categories of convictions, including first- and second-degree felonies, many felony offenses of violence, certain sexually oriented offenses, theft in office, and certain offenses involving victims younger than 13. Traffic-related convictions and some third-degree felony records may also be excluded. Eligibility should be based on the exact statute of conviction rather than the charge name alone.
Can I file for felony expungement without an attorney?
Yes. Ohio law allows individuals to file their own applications for record sealing or expungement without hiring an attorney. However, determining eligibility is not always straightforward. Multiple convictions, related offenses, statutory exclusions, final-discharge dates, and pending criminal matters can all affect whether a record qualifies and when an application may be filed.
While many people successfully file on their own, others discover that a conviction is not eligible under the statute they expected or that an earlier case changes the filing timeline. Reviewing your record before filing can help avoid unnecessary delays or a denied application.
How long do I have to wait to expunge a felony conviction?
A qualifying felony conviction may generally be considered for expungement 10 years after the date on which the person first became eligible to apply for sealing. Because the expungement timeline is tied to the sealing-eligibility date, it is important to calculate the deadline using the final-discharge date and the correct felony level.
What if I have more than one felony conviction?
Multiple felony convictions do not automatically prevent record relief. Some convictions may be counted together when they arose from the same act, were committed at the same time, or resulted from related conduct handled in the same proceeding. Other convictions may need to be counted separately, so the complete criminal history should be reviewed before filing.
What does the judge consider in a felony expungement case?
The court determines whether the offense is eligible, whether the application was filed at the correct time, whether another criminal proceeding is pending, and whether the applicant has been rehabilitated to the court’s satisfaction. The judge also weighs the applicant’s interest in clearing the record against any legitimate governmental need to maintain it.
Can the prosecutor object to my application?
Yes. The prosecutor may file a written objection explaining why the application should be denied. A victim or victim representative may also have the right to receive notice and be heard. The court considers those objections along with eligibility, rehabilitation, and the other circumstances of the case.
Will the court hold a hearing on my application?
Yes. After an application is filed under Ohio Revised Code 2953.32, the court must schedule a hearing. The hearing generally must occur no sooner than 45 days and no later than 90 days after filing. The prosecutor receives notice and may submit a written objection before the hearing.
Can a dismissed felony charge be removed from my record?
Many dismissed felony charges, not-guilty findings, and grand-jury no bills may qualify for sealing or expungement. These records are handled under rules that differ from those governing felony convictions, so the disposition of the case must be reviewed carefully.
Will an expunged felony immediately disappear from every background check?
Not always. Courts and government agencies must process the order, and private background-check companies may continue displaying information collected before the record was cleared. Those companies may need time or additional notice to update their databases.
What should I do first if I want to clear a felony record?
Start by gathering the charging documents, final disposition, sentencing entry, proof that all sentencing requirements were completed, and information about any other criminal cases. You can then complete our confidential eligibility test so the record and possible filing timeline can be reviewed.
Continue Your Research
Related Ohio Expungement Topics
Every criminal record is different. These resources explain related eligibility requirements, waiting periods, and record-clearing options that may apply to your situation.
Ohio Misdemeanor Expungement
Learn how misdemeanor convictions are treated under Ohio law, including eligibility requirements, waiting periods, and the differences between sealing and expungement.
Minor Misdemeanor Expungement
Minor misdemeanor offenses often follow different rules than felony convictions. Learn when these records may qualify for relief.
Expunging a Shoplifting Conviction
Shoplifting and theft offenses can present unique eligibility questions. See how Ohio law applies to these types of convictions.
Expungement of Dismissed Charges
Cases that were dismissed, resulted in a not-guilty finding, or ended with a grand jury no bill follow a different legal process than convictions.
Ohio Expungement Waiting Periods
Understand how final discharge affects your eligibility timeline and when you may be able to file for record sealing or expungement.
Ohio Expungement Eligibility Test
Not sure if your record qualifies? Complete our confidential eligibility test to begin reviewing your criminal history and possible options.