Expunging a Criminal Record, Sealing a Criminal RecordJune 6, 20250 comments

Sealing vs Expungement: What’s the Difference Between Sealing and Expunging a Criminal Record in Ohio?

If you’ve ever been arrested or convicted of a crime in Ohio, you’ve probably wondered whether you can ever truly move on. The good news is that, under Ohio law, there’s a possibility to seal or even expunge certain criminal records. This possibility can bring a sense of relief and hope. The question is, sealing vs expungement—what’s the difference?

But while the terms are often used interchangeably, they are not the same thing. Understanding this crucial difference can empower you and positively impact your future.

Here’s what every Ohioan should know about sealing vs expungement of a criminal record, how recent updates to the laws may benefit you, and what the process looks like from start to finish.

What’s the Difference Between Sealing vs Expunging?

In Ohio, sealing and expunging are two separate legal remedies that offer different outcomes:

Sealing means your record still exists, but it is hidden from most public view. Law enforcement and courts can still access it, but employers, landlords, and the general public typically cannot.

Expungement means the record is destroyed as if it never existed. Until recently, this wasn’t available in Ohio, but the law has changed.

As of April 2023, Ohio now allows expungement of certain misdemeanors and fourth- and fifth-degree felonies, making it one of the most progressive record relief programs in the country. However, eligibility is limited and more complex than sealing.

Who Is Eligible—and When?

Sealing and expunging both come with eligibility requirements based on the type of offense and the amount of time that has passed.

Sealing Eligibility:

Misdemeanors: Eligible 1 year after final discharge
Felony 4 or Felony 5 (non-violent): Eligible 3 years after final discharge
Felony 3 (non-violent): Eligible if you have no more than two total convictions and no disqualifying offenses
Cases dismissed or no charges filed: Eligible for sealing immediately

Failing to meet these requirements could result in your application being denied, which would delay your record relief process. You generally must not have more than two felony convictions or more than four convictions total, though exceptions apply. Ohio law allows you to seal up to two F3 convictions, as long as they are non-violent and you meet additional criteria.

Expungement Eligibility:

Misdemeanors and non-violent F4/F5 felonies: Eligible after sealing wait times (1–3 years)
Felony 3 (non-violent): Eligible for expungement 13 years after final discharge
You must not have any new or pending charges
Violent crimes, sexual offenses, and serious felonies remain ineligible

Expungement is now permitted in Ohio, but it’s much more limited and includes longer waiting periods. Certain offenses—such as violent crimes, sex crimes, and DUIs—are not eligible for either sealing or expungement.

Sealing Eligibility: F3 + Related Felonies Now One Conviction

Ohio Revised Code § 2953.31(A)(3)(a) provides that when multiple convictions stem from the same act or incident, they are counted as a single conviction for sealing eligibility. This means:

If an F3 conviction is accompanied by F4 and/or F5 charges from the same case, they’re treated as one conviction.
You can seal that F3 felony along with any related misdemeanor/felony adjudications after the standard 3-year waiting period from final discharge, assuming no additional convictions that exceed eligibility caps.

However, to expunge that F3, you’re still required to wait 13 years from final discharge, regardless of how the convictions are counted.

Why You Should Do It

Sealing or expunging your record can dramatically improve your ability to:

Get a job
Qualify for housing
Apply for loans or financial aid
Rebuild your personal and professional reputation

And while both options offer relief, expungement provides a clean slate. Once granted, your record is destroyed—it’s like the charge never happened.

What’s the Process Like?

Both sealing and expunging follow a similar legal process:

Obtain your criminal record: You’ll need a copy of your case details and final disposition
Determine eligibility: Work with an attorney to review your full record and confirm you’re eligible
File the appropriate motion: This must be submitted in the court where your conviction occurred
Attend a hearing (if required): The court may schedule a hearing, especially for felony cases
Receive a decision: If approved, your record will be sealed or expunged according to Ohio law

It’s worth noting that courts have discretion—they don’t have to grant your request, even if you’re eligible.