Ohio allows some domestic violence records to be sealed, but a domestic violence conviction that qualifies for sealing cannot be expunged. Under current Ohio law, third- and fourth-degree misdemeanor domestic violence convictions may qualify for sealing. First- and second-degree misdemeanor domestic violence convictions and felony domestic violence convictions cannot be sealed or expunged.
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. Under current Ohio law, third-degree misdemeanor and fourth-degree misdemeanor domestic violence convictions may qualify for record sealing. These convictions cannot be expunged.
Several domestic violence offenses cannot be sealed at all. First-degree misdemeanor and second-degree misdemeanor domestic violence convictions cannot be sealed or expunged. Felony domestic violence convictions are also ineligible. A Violation of a Protection Order (VPO) conviction under ORC § 2919.27 may qualify for sealing, but it cannot be expunged.
If you are currently charged with a first-degree misdemeanor or felony domestic violence offense and want to preserve a future path to sealing, a reduced charge through a plea agreement may affect whether the final conviction qualifies. Your Cincinnati domestic violence defense attorney can negotiate with prosecutors for a reduction when the facts and circumstances support one.
Eligibility for Expungement and Record Sealing in Ohio
Your eligibility starts with the offense listed on your judgment entry and its degree. If you have a third- or fourth-degree misdemeanor domestic violence conviction, you may apply to have the record sealed. You cannot seal a first- or second-degree misdemeanor domestic violence conviction or a felony domestic violence conviction. If you were convicted of violating a protection order under ORC § 2919.27, you may also apply for sealing. Ohio law does not permit you to expunge these sealable domestic violence or protection order convictions.
If your misdemeanor conviction qualifies, you generally must wait one year after final discharge before you can file your application. Final discharge occurs after you complete the sentence imposed by the court. When you apply, the court must determine whether any criminal proceedings are pending against you and whether you have been rehabilitated to the court’s satisfaction.
Your criminal history can also determine whether Ohio law permits the court to seal your record. Our attorneys can review your convictions and tell you whether your domestic violence record qualifies for sealing and the earliest date you can file.
Expungement vs. Record Sealing in Ohio
Although people use the terms interchangeably, expungement and sealing are distinct legal actions in Ohio. For domestic violence convictions that qualify for relief, Ohio law permits sealing rather than expungement.
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.
Ohio now permits both sealing and expungement for qualifying adult records, but the remedies have different eligibility rules. For domestic violence convictions specifically, ORC § 2953.32 permits qualifying third- and fourth-degree misdemeanor convictions to be sealed but expressly excludes them from expungement.
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.
How Senate Bill 288 Changed Domestic Violence Record Sealing
Senate Bill 288 substantially changed Ohio’s record sealing and expungement laws in 2023. The law took effect in April 2023 and was amended later that year. Those changes are important for domestic violence cases because the degree of the conviction now determines whether the record can be sealed.
Under current ORC § 2953.32, third- and fourth-degree misdemeanor domestic violence convictions may be sealed but cannot be expunged. A conviction for Violation of a Protection Order under ORC § 2919.27 may also be sealed but cannot be expunged. First- and second-degree misdemeanor domestic violence convictions cannot be sealed or expunged. Felony domestic violence convictions are also ineligible.
Older articles about Ohio domestic violence expungement may describe rules that no longer apply. If you were convicted before the 2023 changes, the date of your conviction alone does not answer whether your record is eligible today. An attorney can determine the degree of your conviction and whether current Ohio law permits you to apply for sealing.
Filing to Seal a Domestic Violence Record 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 misdemeanor domestic violence cases originate there. Felony cases, including felony domestic violence offenses that are not eligible for sealing, are handled by the Hamilton County Court of Common Pleas.
Ohio law requires the court to hold a hearing, notify the prosecutor, determine whether the conviction qualifies for sealing, and weigh your interest in sealing the record against the government’s legitimate need to keep it available. The general filing requirements apply to many types of Ohio criminal records, so our guide to expunging your criminal record in Ohio explains the full record-sealing process.
If you apply to seal an eligible domestic violence conviction, the judge does not grant your application simply because you completed the waiting period. The court must determine that you meet Ohio’s statutory requirements and have been rehabilitated to its satisfaction. The prosecutor may object to your application and explain why the government wants the record to remain public. You may respond at the hearing and explain why the court should grant your request.
Sealing Dismissed Domestic Violence Charges
Sealing a dismissed domestic violence charge is a separate process from sealing a conviction. Under ORC § 2953.33, a person who was found not guilty or whose charge was dismissed can apply to seal the record of the case. Ohio law also provides relief after a grand-jury no-bill, but different timing rules apply.
For a dismissed DV case, you can generally apply for sealing after the dismissal is entered, subject to rules that apply when multiple charges arise from the same case or conduct. The court considers whether criminal proceedings are pending, any objection from the prosecutor, and your interest in sealing the record against any legitimate governmental need to keep it available.
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.
Frequently Asked Questions About Domestic Violence Record Sealing in Ohio
Can domestic violence be expunged in Ohio?
No. Ohio does not allow you to expunge a domestic violence conviction. Under ORC § 2953.32, you may qualify to seal a third- or fourth-degree misdemeanor domestic violence conviction, but expungement is not available for those offenses. First- and second-degree misdemeanor domestic violence convictions and felony domestic violence convictions cannot be sealed or expunged.
Can a DV charge be sealed?
Yes, some domestic violence records can be sealed in Ohio. If you have a third- or fourth-degree misdemeanor domestic violence conviction, you may qualify for sealing. You may also seek sealing if your domestic violence charge was dismissed or you were found not guilty. The rules for sealing a conviction differ from the rules for sealing a case that did not result in a conviction.
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.
