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Who Can See Expunged Records in Ohio? (Updated 2025)

who can see expunged records

If you’ve had a run-in with the law in Ohio and successfully pursued an expungement, you might find yourself breathing a sigh of relief, believing your past is finally behind you.

In most cases, an expungement essentially hides or seals qualifying criminal records, making them inaccessible to the general public. However, not everyone is barred from viewing these sealed records.

Here’s what you need to know.

How Expungement Works in Ohio

Expungement permanently destroys a criminal record, making it inaccessible to the general public and most background checks.

The courts hold the power to erase convictions, and the law allows expunged individuals to state legally that the offense never occurred.

Eligibility 

To be eligible for sealing or expungement under Ohio law, you must not fall into the automatic exclusion categories (e.g., first- or second-degree felonies, most violent or sexual offenses, or certain traffic violations).

If you clear those hurdles, here’s a brief rundown of what makes you eligible:

  1. You’ve Completed All Sentencing Requirements
    This means serving any jail or prison time, finishing probation, and paying all fines or restitution.
  2. You’ve Waited the Required Time
    • Third-Degree Felonies: Wait three years from final discharge to apply for sealing; an additional 10 years after that to apply for expungement.
    • Fourth- or Fifth-Degree Felonies or Misdemeanors: Wait one year from final discharge to apply for sealing; misdemeanors can be expunged after one year from discharge, while felonies require a longer wait (10 years) after you become eligible to seal.
    • Minor Misdemeanors: You may apply to seal and expunge these six months after final discharge.
  3. No Pending Criminal Proceedings
    The court will verify that you’re not facing any new charges.
  4. Demonstrate Rehabilitation
    You must convince the court that you’ve been rehabilitated to its satisfaction.
  5. Interest in Clearing Your Record Outweighs Government Need
    The court will weigh your right to a fresh start against any legitimate need for retaining those records.

If the court determines you meet all these criteria, it may grant your application to seal or expunge the record. However, keep in mind that certain government agencies—especially law enforcement—may still access these records in limited circumstances.

Who May Still Have Access to Expunged Records?

When your record is expunged in Ohio, the law provides strong protections for your privacy. In fact, most people and organizations will have no access to your expunged records at all.

The Bureau of Criminal Identification and Investigation (BCI) is the only entity permitted to maintain expunged records, and they can only use these records for one specific purpose: determining whether someone qualifies for a law enforcement job. These records cannot be shared with anyone else or used for any other reason – even courts cannot force BCI to release them for other purposes.

All other organizations that previously had access to your records – including courts, police departments, background check companies, and government agencies – must:

  • Completely destroy the records
  • Delete them from their systems
  • Make them permanently irretrievable

What this means for your fresh start:

  • Most employers cannot see your expunged record
  • Housing applications won’t show the record
  • Schools cannot access it
  • Regular background checks should come back clear

The only time your expunged record might come into play is if you specifically choose to pursue a career in law enforcement. In all other aspects of your life, you can move forward knowing your record has been cleared.

While the law provides these strong protections, it’s still wise to:

  • Keep a copy of your expungement order in a safe place
  • Monitor your background checks periodically
  • Contact an attorney if you find your expunged record appearing where it shouldn’t

At Botnick Law Firm, we can help ensure your expungement is properly handled and your rights are protected. We’re here to help you make the most of your fresh start.

Ohio Juvenile Records and Expungement 

The process for deleting juvenile records in Ohio differs from expunging adult criminal records.

By law, the court will automatically expunge sealed juvenile records either five years after the sealing order or when the person turns 23, whichever comes first. You can also request expungement earlier by filing an application with the court.

The court will consider factors like your age, the nature of your case, your behavior since the offense, and your education and employment history when deciding whether to grant an early expungement. Once your juvenile record is expunged, you can legally state that no record exists, giving you a truly clean slate as you move into adulthood.

Clean Your Slate With Professional Help

Ohio expungement lets individuals with criminal records move forward with their lives.

By permanently destroying eligible offenses, you can pursue employment, housing, and educational opportunities without the burden of a criminal history.

However, you should also know that some entities may still have access to your expunged record. So prepare yourself if the subject should ever come up.

Contact Our Reputable Cleveland Criminal Defense Attorneys

Our expungement attorneys at Botnick Law Firm help Ohio residents tackle the expungement process.

If you are considering cleaning your slate in Ohio, schedule a consultation with our team to discuss your situation and determine your expungement eligibility.

Author Bio

Botnick Law Firm

Robert Botnick is CEO and Managing Partner of Botnick Law Firm, a criminal defense law firm in Cleveland, OH. With more than 19 years of experience in criminal defense, he has zealously represented clients in a wide range of legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges.

Robert received his Juris Doctor from Cleveland-Marshall College of Law at Cleveland State University and is a member of the Ohio State Bar Association. He has received numerous accolades for his work, including the Best DUI Lawyers in Cleveland award by Expertise.com.

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