Ohio expungement and sealing: how SB 288 and HB 96 actually changed R.C. 2953.32

Ohio fundamentally restructured its criminal record-clearing framework with Senate Bill 288, effective April 6, 2023. The reform replaced the prior framework (which had been criticized as overly complicated and limiting) with a new structure that creates two distinct remedies: true expungement (complete destruction of records) under R.C. 2953.32 and traditional sealing (records preserved but restricted from public view) under the same statutory framework. The reform also expanded eligibility for many offense categories while removing eligibility for certain offenses (notably misdemeanor domestic violence and protection order violations) that had previously been eligible.

House Bill 96, effective September 30, 2025, made further refinements to the framework, clarifying eligibility criteria and adjusting procedural provisions. The combined effect of SB 288 and HB 96 has been to make Ohio's framework more accessible than it was historically while also introducing new restrictions in specific categories. The reform represents a significant policy shift that moves Ohio from being a relatively restrictive jurisdiction toward record relief into one of the more accessible state frameworks.

The substantive difference between expungement and sealing in the post-reform framework matters substantially. Under R.C. 2953.31(B)(2)(b), expungement means "to destroy, delete, and erase a record as appropriate for the record's physical or electronic form or characteristic so that the record is permanently irretrievable." Sealing, in contrast, preserves the record but restricts access. Expunged records are physically gone; sealed records exist but aren't accessible to the public. The distinction affects what background checks reveal, what consequences continue from the underlying offense, and what relief is actually achieved.

This is how the post-reform Ohio framework actually works, the eligibility criteria for both expungement and sealing under R.C. 2953.32, the procedural sequence, and the strategic considerations for Ohio residents navigating the system in 2026.

What changed under SB 288

The reform produced several substantive changes to the framework:

Created true expungement. Before SB 288, Ohio law referred to record relief as "sealing" but the records were preserved (just restricted from public view). SB 288 created actual expungement as a distinct remedy that destroys records. This is the most significant substantive change. Expunged records become "permanently irretrievable" rather than just hidden from public view.

Replaced "eligible offender" framework with offense-specific eligibility. The prior framework required overall analysis of the person's criminal history to determine "eligible offender" status, which created confusion and barriers. The new framework looks only at the specific convictions for which application is filed and whether those convictions are excluded from the framework. Multiple unrelated convictions don't automatically disqualify the person from seeking relief on individual offenses that meet the eligibility criteria.

Simplified waiting period structure. SB 288 established graduated waiting periods based on offense level rather than the complex multi-factor analysis under prior law.

Removed eligibility for misdemeanor domestic violence and protection order violations. Prior law allowed certain misdemeanor domestic violence cases (M4 DV) and protection order violations to be sealed. SB 288 excluded these from both sealing and expungement, regardless of disposition. This is the most significant restriction added by the reform.

Added new R.C. 2953.39: prosecutor-initiated clearing for low-level controlled substances. SB 288 created a new procedural mechanism allowing prosecutors to make a motion to seal or expunge a "low-level controlled substances" offense (defined as a misdemeanor of the fourth degree or a minor misdemeanor or a violation of an ordinance). This creates a new path for relief that doesn't require the individual to file the petition.

Rewrote effect provisions. R.C. 2953.34 (moved from prior R.C. 2953.33) rewrote the provisions governing what sealing or expungement actually means. Records that have been sealed or expunged are accessible only to law enforcement, prosecutors, record-keeping agencies, and the person who is the subject of the record. Law enforcement officials who disseminate sealed or expunged information can be prosecuted for misdemeanor offenses.

Eligible offenses under R.C. 2953.32

The post-reform framework allows expungement or sealing for most misdemeanor convictions and most fourth and fifth-degree felonies, plus certain third-degree felonies under specific circumstances. The eligibility criteria look at the specific conviction being considered, not the overall criminal history.

Misdemeanor convictions. Most misdemeanor convictions are eligible for expungement or sealing, subject to the offense-specific exclusions discussed below.

Felony of the fourth or fifth degree (F4 or F5). One or more F4 or F5 felonies are eligible for expungement or sealing after the applicable waiting period.

Felony of the third degree (F3). Up to two F3 felonies are eligible for sealing (with longer waiting periods), as long as there are no other felony convictions beyond those two F3s.

Felony of the first or second degree. Generally NOT eligible. F1 and F2 felonies remain on the record permanently in most cases.

More than two F3 felonies. Not eligible. The framework caps at two F3 felonies for eligibility purposes.

Out-of-state and federal convictions. Ohio's framework applies only to Ohio state law convictions. Out-of-state convictions and federal convictions aren't addressed by the Ohio framework; relief for those would come from the originating jurisdiction's procedures.

Offenses specifically excluded

R.C. 2953.32(A)(1) lists specific offense categories that are excluded from sealing or expungement regardless of disposition:

Traffic offenses. Convictions under Chapters 4506 (commercial driver's licenses), 4507 (driver's licenses), 4510 (driver's license suspensions), 4511 (rules of the road including OVI), 4549 (motor vehicle crimes), or municipal ordinances substantially similar to these chapters. This is a comprehensive exclusion that covers OVI (operating a vehicle impaired), reckless driving, hit-and-run, and similar motor vehicle offenses.

Felony offenses of violence (not sex offenses). Felony violations classified as offenses of violence under Ohio law. Includes various assault offenses, robbery, kidnapping, and similar violent felonies.

Sexually oriented offenses requiring registration. Sex offenses where the offender is subject to the sex offender registration requirements of Chapter 2950 are excluded. The exclusion applies regardless of when the offense was committed, even if the registration period has ended.

Offenses where victim was under 13. Felony offenses where the victim was less than 13 years old at the time of the offense, with limited exceptions (felony non-support of dependents is eligible for sealing in some cases).

Misdemeanor domestic violence. Domestic violence convictions, including the previously-sealable M4 DV category. This is a significant restriction added by SB 288.

Violations of protection orders. Any conviction for violating a domestic violence, stalking, or sexual offense protection order.

Multiple charges from same act. When the conviction involves multiple charges arising from the same act, sealing typically isn't available without addressing all charges.

The exclusions are narrower than they appear because most common misdemeanor offenses (theft, criminal damaging, criminal trespass, disorderly conduct, drug possession, paraphernalia, etc.) remain eligible for expungement or sealing.

Waiting periods

The framework establishes graduated waiting periods based on offense level:

Misdemeanors and F4/F5 felonies. 1 year after final discharge (completion of all probation, community supervision, fines, restitution, and incarceration).

F3 felony. 3 years after final discharge.

Multiple F3 felonies (up to two). 3 years after final discharge for sealing; not eligible for expungement.

Sexually oriented offenses (where eligible). 5 years after the duty to register has ended.

Bribery offenses. 7 years after final discharge.

The waiting periods are measured from "final discharge," which means the date the person completed all sentence components: probation, community supervision, fines, restitution, court costs, and any required treatment programs. The waiting period doesn't begin until all sentence requirements have been fulfilled.

For people with outstanding fines, court costs, or restitution, the strategic implication is clear: paying off remaining obligations starts the clock running on the waiting period. Letting obligations remain unpaid means the waiting period never starts.

The expungement vs. sealing decision

For cases that qualify for both expungement and sealing (most misdemeanors and many F4/F5 felonies), the procedural decision matters because the substantive effects differ.

Expungement. Records are destroyed permanently. The person can answer "no" to questions about the underlying conviction in most contexts. Background checks won't show the record because the record doesn't exist anymore. Future court proceedings can't access the destroyed records.

Sealing. Records are preserved but restricted from public view. The person can answer "no" to questions about the conviction in most non-government contexts. Sealed records remain accessible to law enforcement, prosecutors, record-keeping agencies, and the person who is the subject of the record. Future court proceedings can access sealed records for limited purposes.

Most people who qualify for expungement should pursue expungement rather than sealing. The total destruction of records provides more comprehensive relief than sealing. However, some specific circumstances favor sealing:

Future court cases. If there's reasonable expectation of future court involvement (custody disputes, immigration proceedings, etc.), sealed records remain available to courts; expunged records don't.

Insurance or licensing entities with sealed-record access. Some entities are statutorily authorized to access sealed records. The destruction under expungement may eliminate that limited access in ways that affect specific situations.

For most people, the expungement option is preferable when available, and the question is whether to file for expungement directly or to file for sealing as a fallback if expungement is denied.

The procedural sequence

For individuals pursuing expungement or sealing under R.C. 2953.32:

Confirm eligibility. Review the specific conviction, the offense category, the elapsed time since final discharge, and the offense-specific exclusions. Identify whether expungement, sealing, or both are available.

Obtain the court records. Certified copies of the disposition documents from the court where the conviction occurred. Police reports and case files can also be helpful.

Pay outstanding obligations. Confirm that all probation, community supervision, fines, restitution, court costs, and other obligations are fully paid. The waiting period doesn't start until final discharge.

Prepare the application. Standard application forms are available through Ohio Supreme Court resources and local court websites. The application identifies the specific conviction, requests expungement or sealing, and establishes that the eligibility criteria are met.

File in the original court. The application is filed in the court that handled the original case. Filing fees vary by county but typically range from $50 to $100.

Notice to prosecutor. The prosecuting attorney has the right to respond and to oppose the application. The prosecutor has 30 days from filing to file an objection.

Court hearing. The court must hold a hearing no less than 45 days and no more than 90 days after filing under R.C. 2953.32(B)(1)(b)(ii). The hearing allows the applicant to present evidence supporting expungement or sealing and the prosecutor to present opposing evidence.

Court decision. The court considers various factors including the applicant's rehabilitation, the government's interest in maintaining the record, and the applicant's interest in relief. The court has discretion to grant or deny based on the totality of circumstances.

Order implementation. If granted, the order directs the destruction of records (for expungement) or sealing of records (for sealing). The order is transmitted to the relevant agencies. The Ohio Bureau of Criminal Investigation, court clerks, and other record-keeping agencies implement the order.

The typical timeline from filing to decision is 3-6 months. Implementation of the order after the decision typically takes additional time (often 1-3 months) before background checks reflect the changed status.

How Ohio compares to other state frameworks

The post-reform Ohio framework is meaningfully more accessible than the pre-reform framework but remains somewhat more restrictive than the most aggressive state frameworks:

Compared to Michigan's Clean Slate (Public Act 193 of 2020 with automatic set-aside since April 11, 2023): Michigan provides broader automatic relief without requiring petition. Ohio requires petition for all relief; no automatic framework comparable to Michigan exists in Ohio. Michigan's framework is broader for routine cases.

Compared to Pennsylvania's Clean Slate (the first state automatic sealing program from 2018): Pennsylvania has automatic sealing for many cases with shorter waiting periods. Ohio's petition-based framework requires more proactive effort from individuals.

Compared to New York's Clean Slate Act (CPL §160.57, effective November 16, 2024): Both states reformed their frameworks in the 2023-2024 timeframe. New York provides automatic sealing for most convictions after 3-8 year waiting periods; Ohio requires petition for all relief.

Compared to Texas's framework (post-HB 4504 Chapter 55A): Both states use petition-based approaches with some automatic provisions. Texas separates expunction (destruction) and nondisclosure (sealing) into distinct procedural frameworks; Ohio's combined R.C. 2953.32 framework handles both within a unified procedure.

Compared to Florida's framework (FDLE Certificate of Eligibility): Florida's lifetime limit and FDLE pre-petition review create barriers that Ohio's framework doesn't impose. Ohio is more accessible than Florida for most situations.

The broader national framework is covered in our state-by-state expungement framework overview. The post-SB 288 Ohio framework represents meaningful modernization that brings Ohio closer to the accessibility levels of leading state frameworks while retaining some restrictions in specific offense categories.

Strategic considerations

For Ohio residents pursuing expungement or sealing:

Identify the right remedy first. For cases eligible for both expungement and sealing, expungement is typically preferable because the destruction of records provides more comprehensive relief. File for expungement when available; consider sealing only when specific circumstances favor it.

Confirm waiting period completion. The waiting period runs from final discharge, which requires complete fulfillment of all sentence components. Outstanding obligations prevent the waiting period from starting. Paying off remaining fines, restitution, or court costs starts the clock.

Document rehabilitation. Courts consider the applicant's rehabilitation in evaluating expungement/sealing applications. Evidence of stable employment, educational achievements, community involvement, and absence of further criminal activity strengthens the application.

Engage counsel for contested cases. Uncontested applications are procedurally manageable for self-representation, particularly with available form resources. Contested applications (where the prosecutor opposes) typically benefit from counsel. Ohio expungement attorneys typically charge $500 to $3,000 depending on case complexity.

Be careful with the misdemeanor DV/protection order restrictions. SB 288 removed eligibility for misdemeanor domestic violence and protection order violations. Individuals with these convictions need to understand that the prior framework's eligibility no longer applies; these convictions remain on the record permanently.

Plan for the timeline. From filing to final implementation can take 6-9 months. Plan accordingly if specific deadlines (employment, professional licensing, etc.) are involved.

Verify implementation. After the court order, verify that the records have actually been destroyed (for expungement) or restricted (for sealing). Errors can occur in implementation. Request updated criminal history reports from Ohio Bureau of Criminal Investigation to confirm.

Don't assume federal effects. Ohio expungement and sealing provide state-level relief. Federal background checks (for federal employment, federal firearms purchases, federal immigration matters) may continue based on underlying records regardless of state-level action.

For employers and licensing entities in Ohio, the post-reform framework creates compliance obligations regarding what can be inquired about and what action can be taken based on covered records. Employers can't inquire about expunged records and can't take adverse action based on sealed records for most positions. Licensing entities with statutory access to sealed records have specific procedures.

The Ohio framework represents a meaningful policy shift that has made record relief substantially more accessible than it was historically. For Ohio residents with eligible convictions, the post-SB 288 framework provides real paths to relief through both expungement (true destruction) and sealing (restricted access). The work in either case is identifying the appropriate remedy, meeting the procedural requirements, and following through with the petition that R.C. 2953.32 specifies. For cases that succeed, the framework provides comprehensive relief that opens doors closed by prior convictions.