Read Ohio Rev. Code Ann. § 2953.32 when the issue is sealing or expungement of record of conviction record or bail forfeiture; exceptions. The statute says: “A)(1) Sections 2953.32 and 2953.34 of the Revised Code do not apply to any of the following: (a) Convictions under Chapter 4506., 4507., 4510., 4511., or 4549.”
On what the order does, the Ohio text is Ohio Rev. Code Ann. § 2953.34. Read it for what a granted order changes. The statute says: “(A) Inspection of the sealed records included in a sealing order may be made only by the following persons or for the following purposes: (1) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense…”
What an order changes
Ohio uses Ohio Rev. Code Ann. § 2953.36 for [Former RC 295338, amended and renumbered by SB 288, 134th General Assembly, effective 4/4/2023] Expungement of certain convictions for victims of human trafficking. The statute says: “A)(1) Any person who is or was convicted of a violation of section 2907.24, 2907.241, or 2907.25 of the Revised Code may apply to the sentencing court for the expungement of the record of conviction of any offense, other than a record of conviction of a violation of section 2903.01, 2903.02, or 2907.”
When a different section applies
On low-level controlled substance offense conviction record sealing or expungement, on prosecutor's motion, the Ohio text is Ohio Rev. Code Ann. § 2953.39. The statute says: “A) As used in this section: (1) 'Applicant prosecutor' means the prosecutor who applies under division (B)(1) of this section for the sealing or expungement of the record of a case that pertains to a conviction of a person of a low-level controlled substance offense.”
On sealing or expungement of record of conviction or bail forfeiture - definitions, the Ohio text is Ohio Rev. Code Ann. § 2953.31. The statute says: “(A) As used in sections 2953.31 to 2953.521 of the Revised Code: (1) 'Prosecutor' means the county prosecuting attorney, city director of law, village solicitor, or similar chief legal officer, who has the authority to prosecute a criminal case in the court in which the case is…”
Ohio uses Ohio Rev. Code Ann. § 2151.358 for expungement of sealed records. The statute says: “A) The juvenile court shall expunge all records sealed under section 2151.356 of the Revised Code five years after the court issues a sealing order or upon the twenty-third birthday of the person who is the subject of the sealing order, whichever date is earlier.”
The petition and the sections next to it
Where petitions fail
The State of Ohio v. Penn, 52 Ohio App. 2d 315 (1977) is worth reading in full. The opinion puts it this way: “C. 2953.32 hears the unmistakable intent of the General Assembly to provide for expunction of criminal records in certain appropriate and meritorious cases.”
The State of Ohio v. Hartup, 126 Ohio App. 3d 768 (1998) is worth reading in full. The opinion puts it this way: “Until that date three years hence arrives, an offender had no “right,” indeed no basis, for filing a petition to seal the record of conviction.”
State v. T.S., 2017 Ohio 7395 (2017) is worth reading in full. The opinion puts it this way: “It is this court’s policy to refer to defendants in matters involving 1 sealing of criminal records under R.C. 2953.32 by their initials. {¶4} On July 2, 2014, several years after completing her community control sanctions, T.S. filed a motion to seal the record of her conviction.”
Read in this order
- Open Ohio Rev. Code Ann. § 2953.32 and read the part on sealing or expungement of record of conviction record or bail forfeiture; exceptions. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Ohio county uses, then check the form against Ohio Rev. Code Ann. § 2953.32.
- If the court grants the petition, Ohio Rev. Code Ann. § 2953.34 is what the order actually changes.
- Then read The State of Ohio v. Penn, 52 Ohio App. 2d 315 (1977). That is a Ohio court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Ohio?
Ohio Rev. Code Ann. § 2953.32 deals with sealing or expungement of record of conviction record or bail forfeiture; exceptions. The statute says: “A)(1) Sections 2953.32 and 2953.34 of the Revised Code do not apply to any of the following: (a) Convictions under Chapter 4506., 4507., 4510., 4511., or 4549.”
What does a granted Ohio order change?
Ohio Rev. Code Ann. § 2953.34 deals with what the order does. Read it for what a granted order changes. The statute says: “(A) Inspection of the sealed records included in a sealing order may be made only by the following persons or for the following purposes: (1) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense…”
How have Ohio courts ruled on expungement and sealing?
The State of Ohio v. Penn, 52 Ohio App. 2d 315 (1977) “C. 2953.32 hears the unmistakable intent of the General Assembly to provide for expunction of criminal records in certain appropriate and meritorious cases.”
County practice in Ohio can add a local form. It cannot replace Ohio Rev. Code Ann. § 2953.32.