Columbus Expungement Lawyer

Mistakes made years ago can hold you back from a job offer, a rental application, a professional license, or a fresh start. One conviction (or even a charge that was eventually dismissed) can show up on a background check long after you have moved on. If your record is standing in your way in Columbus, a Columbus expungement lawyer at Luftman, Heck & Associates can review your eligibility and pursue every sealing pathway Ohio law allows. Call (614) 500-3836 for a free, confidential consultation, available 24/7.

Our Columbus criminal defense law firm handles sealing of convictions under ORC 2953.32, sealing of dismissed and not-guilty cases under ORC 2953.52, the expanded eligibility created by Ohio’s 2023 reform package (SB 288 and HB 1), and the marijuana mass expungement opportunities opened by Issue 2.

What Is Expungement in Ohio?

Ohio law uses two related but distinct terms: “sealing” and “expungement.” For most purposes, the two are used interchangeably, but the technical distinction matters in a few situations. Sealing under ORC 2953.32 (for convictions) and ORC 2953.52 (for dismissals and not-guilty findings) removes the record from public view. The case file is closed to background-check services, employers, landlords, and most professional licensing boards. Expungement, in the strictest sense, destroys the record entirely; under current Ohio law, true expungement (destruction) is reserved for a narrow category of juvenile records and certain victim-of-human-trafficking convictions under ORC 2953.38.

If a Columbus court grants a sealing order, your history will look as if the conviction did not happen for nearly every civilian purpose. It will not appear on standard background checks, you can lawfully answer “no” on private employment applications, and most professional licensing applications do not require disclosure. There are important exceptions, covered below.

The Basic Steps to Sealing or Expunging Your Record in Ohio

1. Confirm Eligibility

Not every conviction qualifies. In general, the underlying offense must not be on Ohio’s permanently ineligible list under ORC 2953.36, the sentence must not have included a mandatory prison term, and you must be past the applicable waiting period (typically 1 year for misdemeanors, 3 years for fourth- and fifth-degree felonies, longer for third-degree felonies under SB 288). An attorney can confirm your eligibility against your specific record.

2. File the Application with the Court

Your attorney will prepare and file an application to seal in the court where the case was handled. For convictions, this is the sentencing court; for dismissals or not-guilty findings, it is the court where the case was filed. The application must include a sworn statement of facts and supporting documentation.

3. Attend the Sealing Hearing

The court will schedule a hearing between 45 and 90 days after filing. You (or your attorney on your behalf) will appear before the judge. The court considers your rehabilitation, community involvement, the prosecutor’s position, and whether sealing the record aligns with the public interest. Prosecutors may raise objections, and the court weighs their concerns.

4. Await the Judge’s Ruling

Judges have broad discretion and frequently issue a ruling at the hearing. Even if you meet every statutory requirement, the court evaluates the facts before granting the order. A strong showing on rehabilitation, employment stability, and lack of subsequent involvement with the law is often the difference between a granted application and a denied one.

5. The Court Issues a Sealing Order

If the application is granted, the court issues a formal order directing all relevant agencies (the original court, the prosecutor, the Ohio Bureau of Criminal Investigation, and arresting agencies) to seal their records. Your rights and reputation are restored for most public-facing purposes the moment the order is journalized.

Sealing a Dismissed Case or Not-Guilty Verdict (ORC 2953.52)

The single most underused sealing pathway in Ohio is the one for cases that did NOT result in a conviction. Under ORC 2953.52, anyone whose case was dismissed (whether at arraignment, after a successful motion, or as part of a negotiated resolution) or who was found not guilty after trial is eligible to seal that record. The pathway also covers no-bills from a grand jury.

Key features:

• No waiting period. Eligibility is immediate after the dismissal or acquittal. There is no 1-year or 3-year wait.
• No numerical limit. Unlike conviction sealing, there is no cap on the number of dismissed cases or not-guilty findings that can be sealed.
• Strong presumption in favor of sealing. Because there was no conviction, the burden on the prosecutor to oppose sealing is higher than in a conviction case.

Many Columbus clients who are eligible under 2953.52 do not realize it. If you had a charge that was dropped, dismissed, or won at trial, you should ask a Columbus expungement lawyer about sealing it under this statute. The arrest itself stays on the police agency’s records (unless separately addressed), but the court record and the public-facing trail can be sealed.

Ohio’s Expanded Eligibility: SB 288 and HB 1 (2023 Reforms)

Ohio enacted two significant sealing reforms in 2023 that expanded who is eligible for record sealing. Anyone previously told they were ineligible under older versions of the law should re-evaluate.

• Senate Bill 288 (effective April 4, 2023): Substantially increased the number of sealable offenses, eased the per-defendant cap on the number of convictions that can be sealed, and shortened waiting periods for several categories. SB 288 also created a separate “expungement” track (record destruction, not just sealing) for certain qualifying offenses under specific circumstances.
• House Bill 1 (2023): Added further expansion to sealing eligibility, including changes to the way waiting periods are calculated and adjustments to the categories of offenses considered permanently ineligible.

The practical effect of these reforms is that many Columbus clients who were told “no” under the old framework are now eligible. If your record review predates April 2023, it is worth getting a fresh evaluation.

Marijuana Record Expungement After Issue 2 (2023)

Issue 2, passed by Ohio voters in November 2023 and effective in December 2023, legalized adult-use marijuana for Ohioans 21 and older. The law also created a pathway to clear certain past marijuana convictions:

• Possession of 2.5 ounces or less of flower (or up to 15 grams of concentrate): Adult possession at or below these amounts is no longer a criminal offense. Past convictions that would now be lawful conduct may be eligible for sealing or expungement under ORC 2953.521 and related provisions.
• Larger possession amounts and trafficking charges: These remain criminal offenses, but may be sealable through the standard expungement pathway if the conviction is otherwise eligible.
• Driving while impaired by marijuana: Still a chargeable OVI, and an OVI conviction (any substance, any degree) cannot be sealed under ORC 2953.36.

If you have an old drug possession or trafficking conviction that involved marijuana, the post-Issue 2 landscape may have opened a path that was previously closed. A Columbus expungement lawyer can evaluate where you fit.

Convictions That Can Never Be Sealed Under Ohio Law

ORC 2953.36 lists categories of convictions that are permanently ineligible for sealing in Ohio. The major categories include:

• OVI / DUI convictions (any degree, any year). Even a single first-offense OVI cannot be sealed. See our pages on DUI expungement in Ohio and how long an OVI stays on your Ohio record for what you can and cannot do.
• Most sex offenses, including rape, sexual battery, and any offense requiring SORN registration.
• Murder, aggravated murder, and most first-degree violent felonies.
• Any offense with a mandatory prison term in its sentencing structure.
• Offenses against minors in certain categories.

If your conviction is on this list, sealing under Ohio law is not available. Alternative strategies (federal pardon, gubernatorial clemency, professional licensing board defense, character and fitness petitions for bar admission or other licensure) may still be worth exploring. A Columbus criminal defense lawyer can help you understand which strategy fits your situation.

Conviction Sealing Under ORC 2953.32: The Standard Pathway

For most clients with a Columbus or Franklin County conviction that is not on the ineligible list, conviction sealing under ORC 2953.32 is the relevant pathway. Eligibility requires:

1. The conviction is not on the ORC 2953.36 ineligibility list.
2. The sentence did not include a mandatory prison term.
3. The applicable waiting period has elapsed (typically 1 year after final discharge for misdemeanors; 3 years for fourth- or fifth-degree felonies; longer for third-degree felonies).
4. The applicant is not a defendant in any pending criminal or traffic case.
5. The applicant has rehabilitated to the satisfaction of the court.

Under SB 288, an applicant may seal multiple misdemeanors and several felony convictions at once. The exact cap depends on the offense categories. Cases involving multiple courts may require separate applications in each jurisdiction.

The Process of Obtaining a Sealing Order

Once you and your attorney determine you meet the basic qualifications, the process begins by obtaining the certified order of conviction (or the certified entry of dismissal) for each case to be sealed. The attorney files the application with the original sentencing court along with the statutory filing fee. The court sets a hearing 45 to 90 days out and notifies the prosecutor’s office, which has the right to object.

At the hearing, your attorney presents the application: the documented basis for eligibility, evidence of rehabilitation (steady employment, education, treatment completion, community involvement), and any other facts that support the request. The judge may ask questions of you directly. If the application is granted, the court journalizes the sealing order and serves copies on every agency required to act on it.

The Judge’s Discretion Matters

Sealing is not automatic, even when every statutory box is checked. The court weighs the public interest, the prosecutor’s position, and the strength of your rehabilitation showing. This is why a well-prepared application matters: documented employment history, completed treatment programs, community involvement, and the absence of subsequent criminal involvement carry weight. A Columbus expungement lawyer who knows the Franklin County Court of Common Pleas and Franklin County Municipal Court bench can frame your application to address the concerns judges in those courtrooms most often raise.

What Happens to Your Record After Sealing in Ohio

Once a sealing order is granted, the record is removed from public-facing systems, but a few important caveats apply:

• Ohio BCI background checks: Sealed convictions are removed from Ohio Bureau of Criminal Investigation searches used by most private employers, landlords, and licensing applications.
• FBI / NCIC database: Ohio sealing does not automatically remove the record from the FBI’s National Crime Information Center. The FBI may continue to disclose the conviction in federal background checks, federal firearms forms, certain federal employment applications, and some immigration matters. A separate federal process is required to address the FBI record.
• Private employer applications in Ohio: Under Ohio’s ban-the-box and sealed-record laws, private employers in Ohio generally cannot ask about a sealed conviction, and you can lawfully answer “no” to those questions.
• Federal employment, federal firearms form (ATF Form 4473), and some professional licensure: These can still ask about and consider sealed convictions, and you must answer truthfully when an application specifically requires disclosure of sealed records.
• Ohio professional licensing boards: Some boards (Board of Nursing, Ohio Medical Board, Office of Disciplinary Counsel for attorneys) retain independent access to sealed records and may require disclosure during application or renewal. The licensing board may still consider the underlying conduct.
• Law enforcement: Sealed records remain accessible to law enforcement and prosecutors for investigative purposes, and a sealed conviction can still be used as a prior offense for sentencing enhancement on a subsequent case.

Sealing is a meaningful remedy, but it is not a complete erasure. Understanding the limits up front is part of the conversation we have with every Columbus expungement client.

The Benefits of Sealing a Criminal Record

There are concrete advantages to a successful Ohio sealing order. Convictions, particularly felonies, can hold you back from professional licensure, employment in regulated industries, security clearances, and access to certain housing. Sealing puts most of those doors back into play.

In addition to employment, a clean public record helps with educational opportunities, including private and federal student loan applications (with limited exceptions for federal drug-related restrictions). It helps with renting safe and affordable housing because most landlords run standard background checks that pull from public records and Ohio BCI data. And it removes a substantial psychological weight: knowing that a years-old mistake is no longer the first thing a stranger sees.

Frequently Asked Questions About Expungement in Ohio

How do I expunge a felony in Ohio?

To seal a felony conviction in Ohio, the offense must be on the eligible list (not first- or second-degree, not on the 2953.36 ineligibility list), you must have completed your sentence, and the applicable waiting period must have passed (typically 3 years for fourth- or fifth-degree felonies; longer for third-degree felonies under SB 288). A Columbus expungement lawyer will file the application in the original sentencing court, and the judge will decide based on your rehabilitation and the public interest.

What is the difference between expungement and sealing a record in Ohio?

In Ohio, “expungement” and “record sealing” are often used interchangeably, but legally Ohio courts seal most criminal records rather than destroy them. Sealed records are removed from public view but may still be accessible to law enforcement, some federal background checks, and certain professional licensing boards. True expungement (record destruction) is reserved for a narrow category of cases under ORC 2953.38 and certain juvenile records.

Can I expunge multiple convictions in Ohio?

Yes, under the 2023 reforms (SB 288 and HB 1). Ohio law now allows multiple misdemeanors and several felony convictions to be sealed in a single application, with the exact cap depending on the offense category. Cases handled in different courts may require separate applications.

How long do I have to wait before I can file for expungement?

The waiting period in Ohio is typically 1 year after final discharge for misdemeanors and 3 years for fourth- or fifth-degree felonies. Third-degree felonies have longer waiting periods under SB 288. Dismissed charges and not-guilty findings may be sealed immediately under ORC 2953.52. Your attorney will verify when you are eligible based on your record.

Will sealing remove my record from background checks?

A sealed record will not show up on standard background checks used by most employers and landlords in Ohio. However, the FBI may retain the record in its national database, and certain federal agencies, professional licensing boards, and government employers may still access sealed records under specific authorities. Ohio’s ban-the-box law prevents private employers from asking about sealed records.

Can I seal a record if I was found not guilty or my case was dismissed?

Yes, immediately. Under ORC 2953.52, anyone whose case was dismissed or who was found not guilty is eligible to seal the record with no waiting period. There is also no cap on the number of dismissed cases that can be sealed. This is one of the most important and underused sealing pathways in Ohio.

What convictions cannot be expunged in Ohio?

ORC 2953.36 makes certain convictions permanently ineligible for sealing: OVI/DUI convictions of any degree, most sex offenses (including any offense requiring SORN registration), murder and most first-degree violent felonies, any offense with a mandatory prison term, and certain offenses against minors. A Columbus expungement lawyer can review your record to confirm.

Can my old marijuana conviction be expunged after Issue 2?

Possibly. Issue 2, effective December 2023, legalized adult possession of up to 2.5 ounces of marijuana flower (or 15 grams of concentrate). Past convictions for conduct that is now legal may be eligible for sealing or expungement under ORC 2953.521 and related provisions. Possession over the legal limit and trafficking remain criminal offenses but may still be sealable through the standard pathway if otherwise eligible. Marijuana OVIs cannot be sealed.

Do I need to attend my expungement hearing?

Not always. Your attorney can often appear on your behalf, especially in a straightforward case. In some cases, appearing in person can demonstrate rehabilitation and support the request. Your lawyer will advise you on what is best for your situation.

Is it worth hiring a lawyer for an expungement in Ohio?

Yes. While you can file on your own, the application requirements are technical, the eligibility analysis is more complicated than it looks (especially after the 2023 reforms), and the hearing requires persuasive advocacy. Judges have broad discretion, and a well-prepared application materially improves the odds of a granted order.

Contact a Columbus Expungement Lawyer With LHA

If you have questions about sealing a conviction, a dismissed case, or a not-guilty finding, contact Luftman, Heck & Associates to schedule a free consultation. We have more than a decade of experience helping clients in Franklin County and across central Ohio clear their records, and we maintain 500+ five-star client reviews. We are available 24/7. Call (614) 500-3836, email advice@columbuscriminalattorney.com, or reach out through our online contact form to get started.