A criminal record can follow you for years, affecting jobs, housing, and professional licenses long after a case has closed. The Law Offices of Brian J. Smith, ltd. helps clients across the North Coast of Ohio clear eligible records through the state's sealing and expungement laws, so a past mistake does not have to define your future.
While the terms "expungement" and "sealing" were once viewed as synonymous, they now refer to distinct legal actions with different implications for criminal records.
The key difference between sealing and expunging an adult criminal record lies in how the records are treated and accessed. Expungement involves the complete destruction, deletion, and erasure of the record, rendering it permanently irretrievable. Once a record is expunged, it is as if it never existed, and no entities (including law enforcement and prosecuting attorneys) can access it.
Conversely, sealing a record does not involve its destruction. Instead, the record is removed from public access and placed in a separate file that is only accessible to specific entities, such as law enforcement and prosecuting attorneys. While a sealed record is unavailable to the general public, it may still be accessed under certain circumstances, such as during future criminal investigations or prosecutions.
To qualify for record sealing, the conviction must meet certain criteria. Generally, traffic offenses, most violent and sexual offenses, offenses involving a victim under the age of 13, first-degree and second-degree felonies, and domestic violence convictions (excluding fourth-degree misdemeanor domestic violence) are not eligible for sealing. The applicant's other records, including any pending charges, can also affect eligibility. A set period must pass since the case concluded before petitioning: generally 6 months for minor misdemeanors, 1 year for other misdemeanors, 1 year for fourth- and fifth-degree felonies, and 3 years for third-degree felonies. The court must also find that the applicant has been rehabilitated and that the applicant's interest in sealing outweighs the government's interest in keeping the record.
Similarly, to be eligible for record expungement, the conviction must meet specific criteria. Generally, traffic offenses, felony offenses of violence, sexual offenses, offenses involving a victim under the age of 13, and first-degree and second-degree felonies (including domestic violence convictions) are not eligible for expungement. A person's overall criminal history, including any pending charges, can also affect eligibility. The waiting periods are longer than for sealing: generally 6 months for minor misdemeanors, 1 year for other misdemeanors, 11 years for fourth- and fifth-degree felonies, and 13 years for third-degree felonies. As with sealing, the court must find that the applicant has been rehabilitated and that the applicant's interest in expungement outweighs the government's interest in keeping the record.
Answer a few quick questions about the record you want cleared. You will get an initial screening result based on Ohio's current sealing and expungement laws. Nothing you enter is saved or sent anywhere.
This tool provides general information based on Ohio Revised Code sections 2953.31 through 2953.39 as of 2026. It is a preliminary screening only, not legal advice, and using it does not create an attorney-client relationship with The Law Offices of Brian J. Smith, ltd. Eligibility depends on the details of your full record and the discretion of the court. For an answer you can rely on, please contact our office for a free consultation.
At The Law Offices of Brian J. Smith, ltd., we handle expungement and sealing cases from start to finish, from confirming your eligibility to filing the application and representing you at any hearing. We keep the process straightforward and personal, and we are glad to explain what clearing your record could mean for your work, housing, and licensing prospects. If you think you may qualify, contact us to set up a consultation and take the first step toward a fresh start.
The attorneys at The Law Offices of Brian J. Smith, ltd. provide criminal defense representation in courts along the North Coast of Ohio, including all courts in the following counties: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit.
