Ohio lets you seal most misdemeanor and lower-level felony convictions after a waiting period, and dismissed cases with no wait at all. Sealing is not the same as expungement, the waiting periods changed under Senate Bill 288, and some convictions are permanently excluded. The screener on this page gives you a first read on where your record falls. The Law Offices of Brian J. Smith, ltd. files sealing and expungement applications in courts across Northern Ohio.
People use the two words interchangeably. Ohio law does not. Sealing removes the record from public view but keeps it in existence, where certain employers, licensing boards, and courts can still see it. Expungement destroys it. Sealing is available for far more convictions and after much shorter waits, so for most people it is the realistic remedy, and it is the one the rest of this page mostly describes.
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.
Sealing starts with what is excluded. 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.
Expungement is narrower and slower. 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 much 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.
Eligibility depends on what is on your record, how many cases there are, how each one ended, and how much time has passed since final discharge. The rules changed substantially under Senate Bill 288, and some convictions remain permanently excluded. The screener above is a starting point, not an answer. Speak with one of our attorneys about your particular record. Consultations are free and confidential.
Most sealing applications are granted when they are filed correctly, in the right court, after the waiting period, with the prosecutor given a fair chance to object. Most that are denied were filed too early, filed for a conviction that was never eligible, or filed without knowing about an old case in another county that changed the count. The work is in the record review before the filing, not in the hearing. The Law Offices of Brian J. Smith, ltd. pulls the full record first, tells you plainly what can and cannot be sealed and when, and handles the filing and any hearing from there.
"5 stars. Very professional and results oriented. Got my OVI charge dismissed. Always helpful and responsive to any questions I had. Would 100% recommend if you find yourself needing legal assistance in an area of their expertise." Nathan
"He got my license back in a month. then got my case dropped within the same month. He is an awesome lawyer. He did his best work on my case. And he put a lot of effort into my case. If you want a lawyer that you can trust and that will put in time and effort definitely pick Brian J. Smith. If I ever run into trouble in the future, I will be back requesting him."
Desiree
"I highly recommend the Law Offices of Brian J. Smith, ltd.. The entire team was professional, supportive, and truly amazing throughout my case. They guided me step-by-step through the process and successfully won my appeal. If you're looking for a firm that is both compassionate and effective, I’d definitely recommend them. I couldn't have done it without their help!"
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"Excellent service, not only did I win my case but the level of customer service was phenomenal!! Anytime i had a question it was answered so that i could understand it.
I was also extremely prepared and ready before we went to court.
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"Great attorney's, very knowledgeable; they took care of everything which made it a smooth process, kept me updated, and answered all my questions. Would recommend"
Luke
"I highly recommend Brian. He was very informative and handled/negotiated my case far better than I thought possible. Worth every penny, I would have paid him more, seeing what he did for me. He is a very good attorney, he is very detailed, and makes sure the police go by the book, if not he finds it, exploits it and handles it accordingly. Best attorney I've used. Thank you Mr Smith. Highly recommend him."
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"Helped us find the best possible outcome (dismissal of a charge) in a very stressful and important time when my husband was charged with an offense. He was also able to handle everything remotely with only one trip to the area, since this occurred when we were on vacation. He helped make a very horrible time, just a bit more manageable. Very professional, yet relatable and down to earth. Would use his services again, but let's hope we never need to, lol."
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"I got a DUI and I was absolutely terrified that this would affect my career and my licensing with the company I work for. Not only were they able to help me get the DUI dropped to a physical control but also was able to get it dropped to a charge with 0 points on my record. They exceeded my expectations and were professional from start to finish." Alyssa
"I would absolutely recommend Law Offices of Brian J. Smith, ltd. Brian and John worked with my (juvenile) son and I on a very challenging case. The case even went to the Supreme Court. . . We wouldn’t have WON without their experience and dedication. They were very professional, considerate and understanding especially when things became overwhelming for us. We couldn’t be more thankful for their services."
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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.
20545 Center Ridge Road, Ste. 215, Rocky River, OH 44116
Huron, Ohio. Port Clinton, Ohio. Wickliffe, Ohio.
Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.
The Law Offices of Brian J. Smith, ltd. provides legal services throughout Ohio, from Ashtabula to Cleveland to Toledo, including Sandusky, Akron, Vermilion, Huron, Elyria, Lorain, Port Clinton, Rocky River, Parma, Oak Harbor, Norwalk, Milan, Amherst, Sheffield, Avon, Oberlin, North Ridgeville, North Olmsted, Bay Village, Westlake, Cleveland Heights, Lakewood, Brook Park, Garfield Heights, Euclid, Maple Heights, Bellevue, Clyde and Berea, and within counties such as Cuyahoga, Lorain, Erie, Ottawa, Sandusky, Huron, Geauga, Lake, Ashtabula, Portage and Summit.
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