Posted on Friday, October 31st, 2025 at 3:01 pm
A criminal record can create lasting barriers to employment, housing, and professional opportunities. In Ohio, expungement offers a legal pathway to clear your record and move forward. This guide explains the expungement process in Cincinnati and how Moermond & Mulligan, LLC helps clients reclaim their futures. Our criminal defense lawyers in Cincinnati have successfully guided hundreds of clients through record expungement and other criminal record relief options.
Understanding Expungement vs. Sealing in Ohio
Ohio law distinguishes between two record relief options: expungement and sealing. Understanding the difference matters for your case strategy.
Expungement removes a criminal record from public access entirely. Once expunged, you can legally answer “no” when asked about the conviction, with limited exceptions for law enforcement and certain professional licenses. The record is destroyed or returned to the court. According to the Ohio Revised Code § 2953.52, expungement provides complete relief from the consequences of a conviction. This is distinct from record sealing, which maintains confidential access for certain agencies.
Sealing hides your record from public view but maintains it in a confidential file. Sealed records remain accessible to law enforcement, courts, and certain government agencies. While sealing provides privacy, expungement offers greater relief. Understanding which option applies to your situation is critical for your criminal defense strategy.
Ohio’s approach allows both processes, depending on your offense type and circumstances. Non-conviction records (dismissed charges, acquittals) typically qualify for immediate expungement. Conviction records require waiting periods that vary by offense severity. If you’re unsure which option applies to your situation, Moermond & Mulligan, LLC‘s experienced team can evaluate your case during a free consultation.
Who Qualifies for Expungement in Cincinnati
Eligibility determines whether you can pursue expungement in Hamilton County. Ohio law creates clear categories of qualifying and ineligible offenses.
Non-Conviction Expungement (Immediate Eligibility)
- Dismissed charges
- Acquittals
- Charges resulting in “not guilty” verdicts
- No waiting period required
Conviction Expungement (Waiting Periods Apply)
- Minor misdemeanor: 6 months waiting period
- Misdemeanor: 1 year waiting period
- Fourth or fifth degree felony: 1 year for sealing / 11 years for expungement
- Third degree felony: 3 years for sealing / 13 years for expungement
Ineligible Offenses (Cannot Be Expunged)
- First or second degree felony convictions
- More than two-thirds of degree felonies
- Offenses where the victim was under 13 years old
- Felony offenses of violence
- Sexually related offenses (if still registered as a sex offender)
- Domestic violence convictions
- Traffic convictions
Your criminal record determines your eligibility. Moermond & Mulligan, LLC reviews your specific charges and circumstances to identify your options. For cases involving DUI charges, felony convictions, or other serious matters, our Cincinnati expungement attorneys provide strategic guidance on the best path forward. We also handle misdemeanor defense and post-conviction relief matters.
The Expungement Application Process in Hamilton County
The expungement process in Cincinnati involves five key steps. Following the correct procedure prevents delays and rejection.
Step 1: Obtain Your Criminal Record
Contact the Hamilton County Sheriff’s Office to request a certified copy of your criminal record. The fee is $5.00 (cash only). This document proves your conviction details and is required for your application. Having accurate documentation is essential to avoid the common mistakes that lead to application rejection.
Step 2: Complete Expungement Application Forms
Prepare the required expungement petition and supporting documents. Forms vary depending on whether you seek expungement of a conviction or a non-conviction. Our criminal defense attorneys ensure all forms are completed correctly and comprehensively.
Step 3: File with Hamilton County Clerk of Courts
Submit your completed application to the Criminal Clerk’s office at the Hamilton County Courthouse. Include the $50 filing fee for conviction expungement (non-conviction expungement requires no fee). File at 1000 Main Street, Cincinnati, Ohio 45202. Proper filing prevents costly delays and rejections.
Step 4: Attend Court Hearing (If Required)
The judge may schedule a hearing to review your application. You must appear or have an attorney represent you. The court considers your rehabilitation, employment status, and reasons for seeking expungement. Having Moermond & Mulligan, LLC‘s representation at your hearing significantly improves approval chances. Our trial lawyers have extensive courtroom experience in Hamilton County.
Step 5: Receive Expungement Order
Once approved, the court issues an expungement order. The order directs law enforcement and courts to seal or destroy your record. Processing typically takes 30-90 days after filing. We verify that your record is properly expunged and provide guidance on your post-expungement rights.
Timeline and Costs for Cincinnati Expungement
Understanding the financial and time investment helps you plan accordingly.
Cost Breakdown
- Criminal record copy: $5.00 (cash, Sheriff’s Office)
- Filing fee (conviction): $50.00
- Filing fee (non-conviction): $0.00
- Attorney representation: Varies by firm
Processing Timeline
- Record acquisition: 1-3 business days
- Application preparation: 3-7 days
- Court processing: 30-90 days after filing
- Total timeline: 6-12 weeks for straightforward cases
Waiting periods add significant time for conviction expungement. A misdemeanor requires one year from sentencing before you can file. A third-degree felony requires three years for sealing or 13 years for full expungement. Moermond & Mulligan, LLC‘s attorneys help you understand your specific timeline and prepare your case strategically. We also handle appeal cases if your initial expungement is denied.
Common Mistakes to Avoid During Expungement
Many individuals delay their fresh start by making preventable errors. Awareness protects your case.
- Filing Incomplete Applications
Missing documents or unsigned forms cause rejection. Courts return incomplete petitions without processing. Resubmission delays your timeline by weeks. This is why working with experienced Cincinnati criminal defense lawyers is essential.
- Missing Waiting Period Requirements
Filing before your waiting period expires results in automatic dismissal. You cannot appeal an early filing—you must wait and reapply. Understanding Ohio’s criminal law requirements prevents this costly mistake.
- Attempting Expungement on Ineligible Offenses
Violent crimes, sexual offenses, and domestic violence convictions cannot be expunged. Filing on ineligible charges wastes time and money. Our attorneys review your specific charges to confirm eligibility before filing.
- Not Obtaining Certified Record Copies
Courts require certified copies from the Sheriff’s Office, not printouts from online databases. Uncertified documents are rejected. We handle this requirement for you.
- Failing to Appear at Court Hearings
Missing a scheduled hearing results in dismissal. You must appear in person or have an attorney represent you. Our trial lawyers represent you at all hearings.
- Attempting DIY Without Legal Guidance
Self-representation leads to procedural errors, missed deadlines, and denials. An attorney navigates Hamilton County requirements and maximizes approval chances. Moermond & Mulligan, LLC‘s team has successfully handled hundreds of expungement cases with a proven track record of success.
How Moermond & Mulligan, LLC Handles Your Expungement Case
Moermond & Mulligan, LLC brings prosecutorial insight and trial experience to expungement cases. Our founders previously served in the Montgomery County Prosecutor’s Office, giving us perspective on how courts evaluate expungement petitions.
Patrick Mulligan holds Board Certification as a Specialist in Criminal Law from the National Board of Trial Advocacy. Brad Moermond earned recognition as a National Trial Lawyer Top 40 Under 40. Together, they bring 50+ years of combined criminal law experience. Learn more about our criminal defense attorneys and their track record of success.
Our process includes:
- Comprehensive eligibility review of your record
- Preparation of complete, court-ready applications
- Representation at all court hearings
- Verification that your record is properly expunged
- Guidance on post-expungement rights and protections
We handle the legal complexity so you focus on your fresh start. Contact Moermond & Mulligan, LLC at (513) 421-9790Â to schedule your free consultation. Our Cincinnati office is located at 615 Main Street, 3rd Floor. We also serve clients throughout Hamilton County and the surrounding areas.
Frequently Asked Questions
How long does it take to expunge a criminal record in Cincinnati?
The timeline depends on your offense type. Non-conviction expungement typically processes within 30-90 days after filing. Conviction expungement requires waiting periods before you can file: 6 months for minor misdemeanors, 1 year for misdemeanors, 1-11 years for felonies, depending on the degree. Once you meet the waiting period and file, expect 30-90 days for court processing. Total time from arrest to expungement can range from several months to over a decade for serious felonies. Our criminal defense team can provide a specific timeline for your situation.
Can I expunge a felony conviction in Ohio?
Yes, but waiting periods apply. Fourth and fifth-degree felonies require 1 year for sealing or 11 years for expungement. Third-degree felonies require 3 years for sealing or 13 years for expungement. First and second-degree felonies cannot be expunged. If you have more than two third-degree felonies, expungement is unavailable. An attorney reviews your specific charges to determine your eligibility. Moermond & Mulligan, LLC provides this evaluation at no cost during your initial consultation.
What happens after my record is expunged?
After expungement, you can legally answer “no” when asked about the conviction on job applications, housing applications, and most other contexts. Exceptions exist for law enforcement inquiries, certain professional licenses, and specific government positions. Your record is removed from public databases and court records. You regain privacy and can pursue opportunities without disclosure of the expunged conviction. Moermond & Mulligan, LLC verifies that your record is properly expunged and advises you on your rights.
What if my expungement is denied?
If your expungement petition is denied, you may have options for post-conviction relief or criminal appeals. Our attorneys review denial decisions and determine whether to file a motion for reconsideration or pursue alternative remedies. Contact us immediately if your petition is denied.
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Written By: Moermond & Mulligan, LLC
Last Updated: 11-04-2025