Overview Description

Records relating to a misdemeanor conviction may be sealed one year after the person's final discharge. The court may determine that two or three convictions resulting from criminal acts that were committed within a three-month period should be counted as one conviction. Ohio Rev. Code Ann. §§ 2953.32, 2953.31.

Ineligible Category or Citation

See section 2953.31 for the definition of "eligible offender" and section 2953.36 for offenses ineligible for clearance.

Procedure General

The petition must be filed in the court of conviction if convicted in Ohio, or in a court of common pleas if convicted in another state or federal court. For the specific procedure, see Ohio Rev. Code Ann. § 2953.32.

For the sealing of records in cases of multiple charges, see Ohio Rev. Code Ann. § 2953.61.

Fees

The petitioner must pay $50, unless indigent. Ohio Rev. Code Ann.§ 2953.32(C)(3).

Effect

The proceedings in the case are deemed not to have occurred. The person cannot be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See section 2953.32(D) for the circumstances where record inspection is allowed. Ohio Rev. Code Ann. §§ 2953.32 et seq.

Waiting Periods

The petition can be filed one year after final discharge. Ohio Rev. Code Ann. § 2953.32(A)(1).

(non-prod server)