Your Past Shouldn’t Define Your Future: Understanding Ohio’s Expungement Opportunities
Imagine applying for your dream job, only to watch it slip away because of a mistake from years ago. If you’re living with a criminal record in Ohio, you know this scenario all too well. The good news is that Hamilton County offers one of the most affordable paths to clearing your record, with a flat fee of just $50 for expungement applications. Unlike many counties that charge per felony or per case, this straightforward pricing makes it easier for residents to take that crucial first step toward a fresh start.
💡 Pro Tip: If you cannot afford the $50 fee, you can apply for a fee waiver through an Application of Indigency at the Hamilton County Court.
Ready to turn over a new leaf and clear your old records? Connect with Yonas & Phillabaum today for guidance. Call us at 513-427-6100 or contact us online to explore a fresh start.
How a Criminal Defense Attorney Can Help You Navigate Ohio’s Expungement Laws
Ohio’s expungement laws underwent significant changes in October 2018, expanding eligibility to include non-violent, non-sexual fourth and fifth-degree felonies. This means more people than ever before can now clear their records and move forward with their lives. Working with a Criminal Defense Attorney ensures you understand exactly which of your convictions qualify for sealing or expungement. Under current law, you may have up to five fourth or fifth-degree felonies and unlimited misdemeanors and still be eligible for record sealing.
It’s crucial to understand the difference between sealing and expungement in Ohio. When a record is sealed, agencies can maintain an index containing only your name, alphanumeric identifiers, the word "sealed," and the custodian’s name – but not the name of the crime. Expungement goes further, requiring records to be destroyed, deleted, and erased so they’re permanently irretrievable. However, certain records like DNA samples in the state database and fingerprints filed by the Bureau of Criminal Identification cannot be sealed unless your conviction has been overturned.
💡 Pro Tip: Section 2953.32 of the Ohio Revised Code, with updates effective September 30, 2025, governs the sealing and expungement process – make sure any legal guidance you receive reflects the most current statutes.
Your Step-by-Step Timeline to a Clean Record
The path to clearing your record requires patience, but understanding the timeline helps you plan accordingly. Ohio law ties sealing and expungement eligibility to the offender’s final discharge (completion of sentence). Waiting periods are measured from the date of final discharge, which is when you’ve completed your entire sentence, including any prison time, jail time, or community control requirements. An experienced Criminal Defense Attorney can review your specific case history to determine exactly when you’ll become eligible to file your application.
- Minor misdemeanors require a six-month waiting period after final discharge
- Misdemeanors and one or more fourth- or fifth-degree felonies require a one-year waiting period after final discharge
- One or two third-degree felonies require a three-year waiting period after final discharge
- Certain offenses (for example, specified statutory offenses such as soliciting improper compensation) have longer waiting periods under the statute
- Note: expungement of a felony is permitted only ten years after the sealing-eligibility date (so, for an eligible fourth- or fifth-degree felony, that typically means about 11 years after final discharge)
- Traffic offenses under Chapters 4506, 4507, 4510, 4511, or 4549 cannot be sealed or expunged
- The court must notify the Bureau of Criminal Identification and Investigation of any sealing order
💡 Pro Tip: Keep detailed records of your sentence completion dates, including release from probation or community control – you’ll need this documentation to prove you’ve met the waiting period requirements.
Taking Action: Your Path Forward with Yonas & Phillabaum
When you’re ready to consult a lawyer about clearing your record, choosing the right legal representation makes all the difference. The process involves more than just filing paperwork – it requires understanding which convictions qualify, calculating waiting periods accurately, and presenting your case effectively to the court. Yonas & Phillabaum brings extensive experience in helping Ohio residents navigate the expungement process, ensuring every eligible conviction is addressed and your application meets all legal requirements. A Criminal Defense Attorney from our firm can evaluate your entire criminal history to identify opportunities you might not realize exist.
💡 Pro Tip: Gather all documentation related to your convictions before your consultation, including case numbers, sentencing documents, and proof of sentence completion to maximize your meeting time.
Understanding Which Convictions Cannot Be Sealed or Expunged
Not all convictions qualify for sealing or expungement under Ohio law, and understanding these limitations saves time and prevents false hope. The statute (R.C. 2953.32) bars certain convictions from sealing or expungement — including convictions under specified motor vehicle chapters, felony offenses of violence that are not sexually oriented, sexually oriented offenses for offenders subject to Chapter 2950, and offenses where the victim was under age 13 (with limited statutory exceptions). Convictions for first- and second-degree felonies are excluded. Third-degree felonies are not categorically barred in every case; a third-degree felony becomes ineligible only under the statute’s specific conviction-counting rules (for example, where the offender "has more than one other conviction of any felony" or in other specified multi-conviction scenarios), so eligibility depends on the particular combination and counting of prior convictions.
Traffic and Driving Offenses Remain on Your Record
One often overlooked exclusion involves traffic-related convictions. Ohio law specifically prohibits sealing or expunging any convictions under Chapters 4506, 4507, 4510, 4511, or 4549 of the Revised Code, which cover commercial driving, driver’s licenses, license suspension, traffic laws, and motor vehicle crimes. This means DUI convictions, driving under suspension, and similar offenses will remain on your record permanently. Furthermore, sealing a record doesn’t affect driver’s license point assessments under section 4510.036 – those points remain even if other aspects of your record are sealed.
💡 Pro Tip: Even if some convictions can’t be sealed, clearing eligible offenses from your record still provides significant benefits for employment and housing opportunities.
Free Resources and Support Through the Fresh Start Expungement Clinic
If the $50 filing fee presents a financial hardship, or you need additional assistance navigating the process, Hamilton County offers valuable resources through the Public Defender’s Office. The Fresh Start Expungement Clinic provides guidance to eligible individuals seeking to clear their records. This program recognizes that everyone deserves a second chance, regardless of their financial situation. Working with a Cincinnati expungement attorney through these programs or privately ensures your application receives proper attention and increases your chances of success.
What to Expect at an Expungement Hearing
Once you file your application, the court will schedule a hearing where you’ll need to demonstrate why sealing your record serves the interests of justice. The prosecutor may object to your application, making it crucial to present a compelling case about your rehabilitation and current circumstances. A Hamilton County Criminal Defense attorney can help you prepare for potential questions, gather supporting documentation like employment records or community service verification, and present your case in the most favorable light. The judge will consider factors including the nature of your offense, time passed since conviction, and your behavior since completing your sentence.
💡 Pro Tip: Bring letters of recommendation from employers, community leaders, or volunteer organizations to demonstrate your positive contributions to society since your conviction.
Frequently Asked Questions
Common Concerns About the Expungement Process
Many people have questions about eligibility and the expungement process in Ohio. Understanding these common concerns helps you make informed decisions about pursuing a clean record.
💡 Pro Tip: Write down all your questions before meeting with an attorney to ensure you get comprehensive answers during your consultation.
What Happens After Your Record is Sealed
Once the court grants your expungement or sealing request, you’ll receive an official order that you should keep in a safe place. This document proves your record has been cleared, though most background checks won’t show the sealed convictions anyway.
💡 Pro Tip: Request multiple certified copies of your expungement order – you may need them for future situations where you must prove your record was cleared.
1. Can I work with an Ohio Criminal Defense lawyer if I live outside Hamilton County but was convicted there?
Yes, you can work with a Cincinnati Criminal Defense attorney regardless of where you currently live. What matters is where your conviction occurred. If you were convicted in Hamilton County, you’ll need to file your expungement application there, and having local legal representation familiar with the county’s procedures and judges can be advantageous.
2. How long does the expungement process take with a Criminal Defense lawyer in Cincinnati Ohio?
The timeline varies depending on court schedules and case complexity, but Ohio law requires the court to hold a hearing not less than 45 days and not more than 90 days from the filing of the application, and the prosecutor may file a written objection not later than 30 days before the hearing. Hamilton County practice generally schedules hearings within weeks of filing, and many practitioners estimate typical court processing after filing at roughly 30–90 days (about 1–3 months), though the total time to final entry can be longer depending on probation reports, prosecutor objections, court calendar, and case complexity.
3. What’s the difference between sealing and expunging under Cincinnati Ohio Criminal Defense laws?
In Ohio, sealing means the record still exists but is hidden from public view – courts and law enforcement can still access it under certain circumstances. Expungement means the record is completely destroyed and permanently irretrievable. Your eligibility for each option depends on the type of conviction and other factors that an attorney can evaluate.
4. Will my Hamilton County record sealing lawyer be able to clear federal convictions?
Ohio law permits an eligible person to apply in Ohio courts to seal or expunge records that pertain to convictions entered in another state or in a federal court. However, a state sealing or expungement order affects state and local records and does not automatically alter federal court dockets or federal databases (for example, FBI/CJIS). Clearing a federal conviction from federal records generally requires federal relief (commonly a presidential pardon or, in very limited statutory circumstances, other federal mechanisms), so separate federal procedures are usually necessary to address federal criminal records.
5. Can I file for expungement myself or should I hire a Cincinnati record sealing lawyer?
While you can file the application yourself, working with an attorney increases your chances of success significantly. The process involves complex eligibility requirements, calculating waiting periods correctly, and potentially arguing your case if the prosecutor objects. An experienced lawyer knows how to present your case effectively and avoid common mistakes that could result in denial.
Work with a Trusted Criminal Defense Lawyer
Clearing your criminal record opens doors to better employment, housing, and educational opportunities. While Ohio’s expungement laws provide hope for many, navigating the legal requirements and procedures requires careful attention to detail. An experienced Criminal Defense Attorney can evaluate your complete criminal history, determine which convictions qualify for sealing or expungement, and guide you through each step of the process. Don’t let past mistakes continue limiting your future – take advantage of Ohio’s expungement opportunities and Hamilton County’s affordable filing fees to start fresh in 2025.
This is not legal advice; this is a legal advertisement.
Unlock a brighter future today with the guidance of Yonas & Phillabaum. Whether you’re ready to clear your record or just exploring your options, don’t hesitate to contact us or give us a call at 513-427-6100. Let’s pave the way to new opportunities together.
