Domestic violence charges may be expunged or sealed from a criminal record in some limited situations in Ohio. Recent changes to state law, including Senate Bill 288, have reshaped which offenses qualify for sealing and which do not. Understanding your options as early as possible is vital to protect your record and avoid the long-term consequences of a violent criminal conviction. Contact our law firm today to speak to a Cincinnati criminal attorney about your case. We offer free initial consultations. (513) 338-1890
Can Domestic Violence Charges Be Expunged or Sealed in Ohio?
You can have certain domestic violence offenses sealed under Ohio law, but eligibility is narrow. To have a domestic violence conviction sealed, it generally must be a second-degree misdemeanor (M2) or a lesser offense. You must also complete every term of your sentence, including probation, fines, restitution, and any court-ordered programs, and then wait at least one year before petitioning the court.
Several domestic violence offenses cannot be sealed at all. First-degree misdemeanor (M1) domestic violence convictions and felony domestic violence convictions remain on Ohio’s list of permanently ineligible offenses. As of April 2023, fourth-degree misdemeanor (M4) domestic violence and Violation of a Protection Order (VPO) convictions also became ineligible under Senate Bill 288.
If you are currently charged with a first-degree misdemeanor or felony and want to preserve a future path to sealing, all hope is not lost. You may be able to negotiate a reduced charge through a plea agreement. Your Cincinnati domestic violence defense attorney can work to secure an outcome that protects long-term eligibility.
Eligibility for Expungement and Record Sealing in Ohio
True expungement of adult criminal records, where the file is destroyed entirely, is rare in Ohio. It is far more common in juvenile cases. For adults, sealing under Ohio Revised Code section 2953.32 is the relief most people pursue. To qualify, you must be an “eligible offender” as defined by state law. That means having no open criminal cases, no outstanding restitution, and no active probation or post-release control.
To have a domestic violence conviction sealed, you must also fit within Ohio’s limits on prior convictions: no more than two misdemeanor convictions and no felony convictions, or no more than one misdemeanor conviction and one felony conviction across your entire criminal history. Any open case, unpaid restitution, or pending charge will pause the process. The Cincinnati record sealing process can be detailed, and our attorneys can review your record to confirm eligibility before you file.
Expungement vs. Record Sealing in Ohio
Although people use the terms interchangeably, expungement and sealing are distinct legal actions in Ohio. Both keep the conviction out of public view, including most background checks used by employers, landlords, and licensing boards. The difference is what happens to the underlying file.
When a record is expunged, the court orders the file destroyed. When a record is sealed, the file continues to exist but only specific parties, such as the court, law enforcement, and certain government agencies, can access it. For the great majority of adult cases, sealing is the relief available. True expungement is reserved for specific situations such as juvenile adjudications, human trafficking victims, and a narrow set of additional categories created by recent legislation.
Benefits of Sealing Your Record in Ohio
A sealed record removes the conviction from public databases, which can change the outcome of routine background checks for jobs, housing, financial aid, and professional licensing. Many Ohioans with a sealed record become eligible for occupational licenses they were previously denied, and many can answer “no” when asked about convictions in most non-government contexts. The long-term effect on income, family stability, and reputation often justifies the time and cost of the petition process.
Who Qualifies for Record Sealing in Ohio?
Senate Bill 288 reorganized Ohio’s record sealing framework, and the eligibility rules now look very different than they did before April 2023. The first step is determining whether you fit the statutory definition of an “eligible offender” under ORC 2953.31. Eligibility depends on the number and degree of your convictions, the nature of each offense, and whether the conviction in question appears on Ohio’s list of permanently ineligible offenses.
Ohio law sets waiting periods based on the most serious conviction on your record. Misdemeanor convictions generally become eligible one year after final discharge. Fourth and fifth-degree felony convictions become eligible three years after final discharge. Third-degree felony convictions become eligible four years after final discharge. Sealable first and second-degree felony convictions become eligible five years after final discharge.
For domestic violence specifically, only second-degree misdemeanor or lesser convictions remain sealable. First-degree misdemeanor and felony domestic violence convictions are listed as permanently ineligible offenses under ORC 2953.36, along with offenses of violence under ORC 2901.01, most sex offenses, and most traffic offenses. Other disqualifications apply if you have an open case, owe restitution, are still on probation, or have failed to complete a court program. If you are unsure whether your prior record affects your sealing eligibility, our attorneys can review your case history before you file.
How Senate Bill 288 Changed Expungement for Domestic Violence Cases
Senate Bill 288, which took effect April 4, 2023, was the most significant overhaul of Ohio’s record sealing and expungement statute in decades. The bill expanded relief for many low-level offenses by raising the number of allowable prior convictions and shortening some waiting periods. For most non-violent charges, more Ohioans than ever can now apply to seal a record.
The same bill, however, narrowed eligibility for domestic violence cases. Before SB 288, a fourth-degree misdemeanor domestic violence conviction was potentially sealable. After SB 288, M4 domestic violence convictions are listed among the permanently ineligible offenses and cannot be sealed. The same is true of Violation of a Protection Order convictions under ORC 2919.27. Anyone considering relief for an M4 domestic violence charge or VPO should consult a Cincinnati defense attorney promptly, because the only realistic path is often to revisit the underlying case through post-conviction relief rather than a direct sealing petition.
If your domestic violence case predates SB 288, ask an attorney whether the version of the statute in effect at the time of your conviction or the current statute controls your application. The change in law has produced confusion in some Ohio courts, and the correct procedural posture can change the outcome.
Filing for DV Expungement in Hamilton County
Sealing applications in Hamilton County are filed in the court that handled the underlying case. For sealable domestic violence convictions, that typically means the Hamilton County Municipal Court, because second-degree misdemeanor cases originate there. Felony cases, including the felony domestic violence offenses that are not eligible for sealing, are handled by the Hamilton County Court of Common Pleas.
The Ohio sealing process generally moves through these steps:
1. Confirm eligibility under ORC 2953.31 and 2953.32. Verify your final discharge date, complete any outstanding restitution, and confirm the offense is not on the ineligible list.
2. File the application to seal in the original sentencing court. Hamilton County requires the petition, a proposed entry of sealing, and any supporting documentation.
3. Pay the statutory filing fee at the time of filing. The court may waive the fee for petitioners who cannot afford it.
4. The court sets a hearing date, typically several weeks to a few months after filing depending on the court’s docket. The Hamilton County Prosecutor’s Office receives notice and may file an objection.
5. At the hearing, the judge weighs your interest in sealing against the public’s interest in keeping the record open. Evidence of rehabilitation, time elapsed since the offense, employment history, and the prosecutor’s position all factor into the decision.
6. If the court grants the petition, the judge signs an entry sealing the record and notifies the Ohio Bureau of Criminal Investigation and the arresting agency. The record is removed from public databases, though propagation through background-check vendors can take additional weeks.
Having a Cincinnati defense attorney prepare and argue the petition makes a meaningful difference. Hamilton County judges weigh rehabilitation evidence individually, and a well-prepared application is more likely to succeed on the first hearing.
Sealing Dismissed Domestic Violence Charges
Sealing a dismissed domestic violence charge is a separate process from sealing a conviction, and it is generally faster and easier. Under ORC 2953.52, anyone who was found not guilty, had charges dismissed, or had a case result in a no-bill from the grand jury can apply to seal the record of that case.
For dismissed DV cases, you can typically file the sealing application immediately. There is no waiting period after the dismissal. The court still sets a hearing and the prosecutor still receives notice, but the standard for granting the petition is friendlier. Once the court confirms that the case ended in dismissal, sealing is the presumed result unless the state can show a legitimate governmental need to keep the record open. Even an enhanceable first-degree misdemeanor domestic violence charge that ends in dismissal can usually be sealed under this provision.
If a domestic violence arrest never resulted in formal charges, or if a DV count was reduced or dismissed as part of a plea, the dismissed count is usually sealable even if a remaining conviction is not. This is a common scenario in Hamilton County and one of the most under-used forms of relief for people who were charged but never convicted of domestic violence. If you believe you were charged based on inaccurate accusations, our team also handles false domestic violence allegations in Cincinnati.
Contact a Domestic Violence Defense Attorney for Help
A violent offense on your criminal record can affect job searches, housing applications, professional licensing, custody disputes, and firearms rights for years after the case ends. Sealing, when available, removes most of that drag. The experienced Cincinnati domestic violence defense attorneys at Luftman, Heck & Associates can review your record, identify every offense that may be sealable under current law, and prepare a petition that gives you the best chance of success.
Call us at (513) 338-1890 or use our online contact form to schedule a case consultation.
