Posted on Saturday, January 31st, 2026 at 12:12 am
A criminal record can follow you for years, affecting your job prospects, housing applications, and personal relationships. Fortunately, Ohio law provides a path forward through expungement. Understanding how expungement works in Ohio—including eligibility requirements, the step-by-step process, and realistic timelines—can help you take control of your future. This guide walks you through everything you need to know about clearing your criminal record in Ohio.
What Is Expungement in Ohio?
Expungement is a legal process that removes a criminal conviction from your record. When a court grants an expungement, the record is deleted, erased, or destroyed. After expungement, you can legally say you were never arrested or convicted for that offense in most situations.
Ohio law distinguishes between expungement and record sealing, though both provide relief. Expungement completely removes the record from public access. Record sealing restricts access but doesn’t destroy the record entirely. For most people seeking a fresh start, expungement offers the strongest protection because the record no longer exists in the public system.
Expungement affects more than just your peace of mind. It removes barriers to employment, housing, professional licensing, and education. Employers conducting background checks won’t find an expunged conviction. Landlords won’t see it when reviewing rental applications. This legal relief gives you the opportunity to move forward without the stigma of a past conviction.
Why Choose Moermond & Mulligan, LLC for Your Expungement Case
Moermond & Mulligan, LLC has spent over 30 years helping Cincinnati residents clear their criminal records and rebuild their lives. Our team includes L. Patrick Mulligan, Esq., a Board Certified Criminal Law Specialist—one of only 9 to 24 attorneys in Ohio holding this credential. Brad Moermond, our co-founder, was recognized as a National Trial Lawyer Top 40 Under 40, demonstrating exceptional legal skill and dedication to his clients.
What sets us apart is our prosecutorial background. Both of our founding attorneys previously served in the Montgomery County Prosecutor’s Office, which means we understand how prosecutors think and what arguments they respond to. This insider perspective helps us navigate expungement cases more effectively than attorneys without prosecution experience.
We’ve handled hundreds of expungement cases for Cincinnati residents facing the same challenges you do. We know the local courts, the judges, and the procedures that work. When you work with Moermond & Mulligan, LLC, you get attorneys who combine deep criminal law expertise with genuine commitment to your case. We offer a free initial consultation to discuss your situation and explain your options.
Who Qualifies for Expungement in Ohio?
Not every criminal conviction qualifies for expungement in Ohio. Understanding eligibility is the first step toward clearing your record.
Eligible offenses include:
- Most misdemeanors (minor misdemeanors, first-degree misdemeanors, and second-degree misdemeanors)
- Certain felonies, particularly fourth-degree and fifth-degree felonies
- Some felonies under recent law changes that expanded eligibility
Ineligible offenses that cannot be expunged include:
- Violent felonies (murder, rape, aggravated assault)
- Sex offenses and crimes requiring sex offender registration
- DUI/OVI convictions (with limited exceptions)
- Domestic violence offenses in certain circumstances
- Crimes involving weapons in specific situations
Beyond the type of offense, you must also meet waiting period requirements. These waiting periods begin after you complete all terms of your sentence, including probation, fines, and restitution.
Waiting periods by offense type:
- Minor misdemeanor: 6 months
- Misdemeanor (first or second degree): 1 year
- Single felony (fourth or fifth degree): 11 years
- Multiple felonies: The waiting period is determined by the longest waiting period among all convictions being expunged
Recent changes to Ohio law have made expungement more accessible. Senate Bill 288 and House Bill 234 expanded the types of offenses eligible for expungement and reduced waiting periods for some convictions. If you were previously told your record couldn’t be expunged, it’s worth revisiting your case with an attorney familiar with current law.
The Expungement Process in Ohio
The expungement process involves several steps, each with specific requirements and deadlines. Understanding what to expect helps you prepare and stay on track.
Step 1: Determine Eligibility and Gather Records
Your first step is confirming that your conviction qualifies for expungement and that you’ve met the waiting period. You’ll need to gather documents, including your sentencing entry, proof of completion of probation or parole, and evidence of paid fines or restitution. Moermond & Mulligan, LLC handles this research and documentation for you.
Step 2: File the Petition with the Court
Your attorney files a petition for expungement with the court that handled your original case. This petition includes your case information, the conviction you’re seeking to expunge, and the legal basis for expungement under Ohio Revised Code Section 2953.32. Understanding the Ohio expungement law is critical to building a strong petition.
Step 3: Notify the Prosecutor
Ohio law requires that the prosecutor’s office be notified of your expungement petition. The prosecutor has the opportunity to object, though many prosecutors don’t oppose expungement petitions for older or less serious convictions. Our criminal defense attorneys know how to address prosecutor concerns effectively.
Step 4: Attend the Hearing (If Required)
Ohio law requires that a hearing be held on your expungement petition within 90 days of filing. At the hearing, you or your attorney presents arguments for why expungement serves the interests of justice. The prosecutor may present arguments against expungement. The judge then decides whether to grant or deny your petition. Having experienced criminal defense representation at this stage is crucial.
Step 5: Receive the Expungement Order
If the judge grants your petition, you receive an expungement order. This order directs all agencies—police departments, courts, and the state attorney general—to delete or seal your records. Once the order is finalized, your record is cleared.
How Long Does Expungement Take in Ohio?
The expungement timeline typically spans three to six months from filing to completion, though this varies based on court schedules and case complexity.
Court hearing requirement: Ohio law mandates that your hearing be held within 90 days of filing your petition. This ensures the process doesn’t stall indefinitely.
Processing after approval: Once the judge grants your expungement, it typically takes two to three months for all agencies to process and delete your records. Some agencies move faster than others, so complete removal may take slightly longer.
Factors that may delay the process:
- Court scheduling delays or continuances
- Prosecutor objections requiring additional hearings
- Incomplete documentation requiring resubmission
- Multiple convictions requiring separate petitions
Hiring an experienced expungement attorney can actually speed up the process. Attorneys know how to file complete petitions that don’t require corrections, how to respond to prosecutor objections effectively, and how to navigate court procedures efficiently. Moermond & Mulligan, LLC has handled hundreds of expungement cases and knows how to move your case forward.
Frequently Asked Questions About Ohio Expungement
Can I expunge multiple convictions at once?
Yes, you can petition to expunge multiple convictions in a single petition if they meet eligibility requirements. However, each conviction must meet its own waiting period. Recent law changes allow expungement of up to five felony convictions (fourth or fifth degree only) and unlimited misdemeanors in certain circumstances. Your criminal defense attorney can advise whether combining petitions makes sense for your situation.
Will expungement show up on background checks?
No. Once expungement is granted and processed, the conviction no longer appears on background checks. Employers, landlords, and other entities conducting background checks won’t see the expunged conviction. This is one of the most valuable aspects of expungement—it truly gives you a fresh start.
Can I lie about my expunged conviction?
In most situations, you can legally answer “no” when asked if you’ve been convicted of a crime, since the expunged conviction no longer exists in the public record. However, there are exceptions. You must disclose expunged convictions when applying for certain professional licenses, when applying to work with children or vulnerable populations, and in some legal proceedings. Your criminal defense attorney can explain which situations require disclosure.
What if my expungement petition is denied?
If your petition is denied, you have options. You can refile your petition after additional time has passed, potentially with stronger arguments. You can also appeal the denial. Some denials occur because the judge believes expungement doesn’t serve the interests of justice, but circumstances change. Moermond & Mulligan, LLC can evaluate whether refiling makes sense for your case and what additional steps might improve your chances.
Take the Next Step Toward a Fresh Start
Your past conviction doesn’t have to define your future. Expungement offers a genuine opportunity to clear your record and move forward. The process is straightforward when you have experienced legal guidance.
Moermond & Mulligan, LLC has helped hundreds of Cincinnati residents successfully expunge their criminal records. We understand Ohio expungement law, we know the local courts, and we’re committed to achieving the best possible outcome for your case. Contact us today for a free initial consultation to discuss your expungement options.
Call (513) 421-9790 to speak with an expungement attorney at Moermond & Mulligan, LLC. We serve clients throughout Cincinnati and the surrounding areas, and we’re ready to help you take control of your future.
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Written By: Moermond & Mulligan, LLC
Last Updated: 01-31-2026