Cannabis may now be legal for adult use in Ohio, but a lot of Cincinnati residents are still living with the lasting impact of past marijuana convictions. Whether it was a college possession charge or a possession with intent to sell from years ago, these records continue to surface on background checks—blocking job offers, housing applications, and more. Ohio’s legalization passed in 2023, and it marked a turning point in how Ohio law views cannabis, yet it did not automatically erase or seal prior convictions. For many in Hamilton County, that means the stigma and consequences of a long-resolved marijuana case still follow them today.
Fortunately, Ohio law provides a path to relief through record sealing and expungement, which were expanded by Senate Bill 288 in 2023. If your past marijuana charge would no longer be illegal under today’s law or if you’ve served your sentence and moved on with life, you may be eligible to have your record cleared.
If you’re ready to put your past behind you, call (513) 338-1890 for a free, confidential consultation with a Cincinnati expungement attorney at Luftman, Heck & Associates.
Ohio’s Post Marijuana Legalization Landscape — What Changed & What Didn’t
Ohio’s 2023 legalization of recreational marijuana under Issue 2 marked a major turning point, but it wasn’t a free pass for past convictions. Adults 21 and older can now legally possess, purchase, and use cannabis in limited amounts, with dispensaries operating under the state’s new Division of Cannabis Control. However, the law only applies moving forward. It did not automatically clear prior marijuana charges, leaving thousands of Ohioans, including many in Cincinnati, still burdened by records for conduct that’s no longer considered a crime.
Those convictions continue to show up on background checks, affecting jobs, housing, education, and even professional licensing.
To truly move on, individuals with old marijuana cases must act. Although advocates have proposed reforms like the Fresh Start Act to automatically clear eligible convictions, that legislation hasn’t passed. For now, the only way to remove a past marijuana record in Ohio is by petitioning the court for expungement or record sealing under the updated law. Understanding how these two remedies work and which one applies to your case is the first step toward getting the fresh start legalization was meant to deliver.
Read Recreational Marijuana is Now Legal in Ohio. What Now?
Marijuana Expungement vs. Record Sealing in Ohio
Even after legalization, clearing a pot conviction in Ohio isn’t automatic. You must take legal steps to have your record sealed or expunged. These two options both remove your record from public view but differ in how permanent the relief is and who can still access it.
- Record sealing hides your conviction from public databases and background checks, allowing you to legally say the case never happened in most situations. However, the record still exists within the court system and can be accessed by law enforcement or certain state agencies. For many Cincinnati residents with old possession charges, sealing is often the quickest and most accessible way to move forward.
- Expungement offers a more complete solution. When a record is expunged, it’s permanently erased—deleted from court files and state databases as if it never existed. Under Senate Bill 288, courts can now grant expungement for certain non-violent marijuana offenses after specific waiting periods. While eligibility is more limited, expungement provides a true clean slate and lasting peace of mind for those who qualify.
Contact LHA for a free consultation about clearing your record or getting an expungement.
Who Qualifies to Seal or Expunge Cannabis Convictions in OH?
Ohio’s expanded expungement law under Senate Bill 288, but not everyone qualifies. Eligibility depends on the type of conviction, your criminal history, and how much time has passed since your case was fully resolved. Understanding these requirements before filing can save time, money, and frustration.
In general, you may qualify for record sealing if you’ve completed your sentence, including any probation, community service, and payment of fines, and you have no pending criminal charges. Most misdemeanor marijuana offenses, such as possession of less than 200 grams or marijuana paraphernalia, can be sealed after a short waiting period. Some low-level felony cases (like fourth- or fifth-degree possession) may also be eligible, provided the conviction was non-violent and didn’t involve minors or trafficking.
Expungement, which permanently erases the record, has stricter criteria. Only non-violent offenses qualify, and applicants must meet longer waiting periods, often several years after final discharge. However, because marijuana laws have changed significantly, courts are increasingly open to granting expungement for convictions that would no longer be considered criminal today.
If you’re unsure whether your charge qualifies, an attorney can review your record, determine eligibility under the latest statutes, and help you take the next step toward a clean slate.
Are There Waiting Periods for Sealing & Expungement in Ohio?
Before you can seal or expunge a marijuana conviction in Ohio, a certain amount of time must pass after your case is “finally discharged,” meaning you’ve completed all sentencing requirements, including probation and payment of fines.
Cannabis Record Sealing (Most Common)
- Minor Misdemeanor: Eligible 6 months after final discharge
- Standard Misdemeanor: Eligible 1 year after final discharge
- Low-Level Felonies (4th or 5th Degree): Eligible 1–3 years after final discharge, depending on prior record
Typically, the fastest and most accessible option for most Cincinnati residents with marijuana possession or paraphernalia charges
Cannabis Expungement
- Misdemeanor Marijuana Offenses: Eligible 1 year after final discharge
- Eligible Felonies: Must wait 11–13 years, depending on the degree of the offense
Though the process is more time-intensive, expungement completely deletes the record, providing a true fresh start.
Read 5 Myths About Drug Cases in Cincinnati, OH
The Process for Expungement & Record Sealing in Hamilton County
Once you’ve confirmed your eligibility and met the waiting period, the next step is filing your petition with the Hamilton County court where your marijuana case was handled. The process can vary slightly depending on whether your conviction was a misdemeanor or felony, but all petitions must follow the Ohio Revised Code’s specific filing procedures under R.C. 2953.31–2953.36.
Navigating this process correctly is crucial as errors or incomplete filings can delay or even derail your request. Here’s a simplified breakdown of how the process works:
- Obtain Your Case Information: Start by confirming your case number and final disposition through the Hamilton County Clerk of Courts website or in person at the courthouse. You’ll need accurate information for your petition.
- Complete the Right Forms: Download the official Application for Sealing or Expungement form. Be sure to select the correct version for your case—conviction vs. dismissal—and list all relevant case numbers.
- File the Application: Submit your completed paperwork to the court where your case was heard:
- Municipal Court for misdemeanors
- Court of Common Pleas for felonies
Include the $50 filing fee, or request a fee waiver using an “Affidavit of Indigency” if you cannot afford it.
- Prosecutor Review: After filing, the prosecutor’s office will be notified and has the right to object. Your attorney can respond and argue why your case meets the statutory requirements for sealing or expungement.
- Court Hearing: The court will hold a short hearing where a judge reviews your application, considers your rehabilitation, and decides whether granting relief serves the public interest.
- Final Order: If approved, the court issues an order directing agencies to seal or expunge your record. For faster results, you can enroll in the Expedited Record Update Program, which helps remove sealed cases from private background check databases.
While the process may seem straightforward, legal experience makes a real difference. A Cincinnati expungement attorney can ensure all forms are properly completed, deadlines are met, and your petition presents the strongest possible case for relief.
What are the Benefits & Drawbacks of Marijuana Expungement or Record Sealing?
For many with old marijuana convictions, expungement or record sealing is about more than clearing a background check—it’s about finally being able to move forward without the weight of a past mistake. However, it’s important to understand both the advantages and limitations before deciding which option is best for you.
| Key Benefits | |
| Employment Opportunities | Employers typically cannot see sealed or expunged records, allowing you to pass most background checks. |
| Housing Access | Landlords and property managers are far less likely to deny applications once your record is cleared. |
| Education and Financial Aid | Restores eligibility for student loans, scholarships, and professional programs that screen for criminal history. |
| Peace of Mind | Removes the stigma of a criminal record and helps rebuild personal and professional reputation. |
| Second Chance at Stability | Expungement gives you the legal right to state you have never been convicted, allowing a clean slate for the future. |
| Potential Drawbacks | |
| Limited Access Still Exists | Sealed records remain viewable to courts, prosecutors, and certain government agencies. |
| Longer Wait for Expungement | Felony-level marijuana cases may require a waiting period of more than a decade. |
| Filing Costs and Time | There is a filing fee, and hearings can take weeks or months to schedule, depending on the court. |
| Not All Offenses Qualify | Violent crimes, trafficking, and cases involving minors remain ineligible. |
| Private Databases May Lag | Some background check companies take time to update sealed or expunged records, requiring follow-up. |
Things to Consider Before an Expungement or Record Sealing
While many marijuana-related convictions in Cincinnati are now eligible for sealing or expungement, certain circumstances can affect whether you qualify or how your case should be handled.
If you’re considering a marijuana-related expungement, keep in mind:
- Cases That Were Dismissed or Resulted in “Not Guilty” – If your marijuana case was dismissed, resulted in an acquittal, or was never formally charged (“no bill”), you can usually petition for immediate record sealing—there’s no waiting period. Even if the charge was dropped years ago, the record of your arrest or court appearance may still appear in public databases until you take action to seal it.
- Cases Involving Multiple Charges – If your marijuana offense was part of a larger case that included other criminal charges (for example, possession alongside an OVI or weapons charge), eligibility is determined by the most serious conviction. If any of those charges are not eligible for expungement or sealing, it may limit or delay your ability to clear the marijuana-related portion. A defense attorney can sometimes request a partial sealing or argue that separate offenses should be treated individually.
- Juvenile Marijuana Records – Juvenile marijuana records are handled differently under Ohio law. Many are automatically sealed once you turn 18 or complete supervision, but if your record still appears in public searches, you can file to have it manually expunged. This ensures the record is destroyed and won’t interfere with future employment or education.
- Marijuana OVI Charges – Driving under the influence of marijuana (a Marijuana OVI) is treated as a separate offense under Ohio’s impaired driving laws. These cases are not eligible for expungement, and sealing can be difficult unless charges were reduced or dismissed. If you faced both an OVI and a possession charge in the same case, the OVI may prevent the marijuana charge from being sealed without court approval.
- Out-of-County or Federal Marijuana Convictions – You must file in the same court where your conviction occurred. If you were convicted in another Ohio county or federally, you must petition the respective court. Ohio’s state expungement laws don’t apply to federal marijuana convictions, though other forms of relief may be available through federal clemency or presidential pardon programs.
Because these nuances can make a major difference in eligibility and timing, it’s important to speak with an experienced Cincinnati expungement attorney before filing.
Hamilton County Resources for Expungement & Marijuana Record Relief
- Hamilton County Clerk of Courts – Record Sealing & Expungement
- Hamilton County Court of Common Pleas – Self-Help Resources
- Ohio Justice & Policy Center (OJPC) – Free Second Chance Legal Clinics
For guidance on eligibility or to file your expungement petition correctly the first time, call (513) 338-1890 for a free consultation with LHA.
FAQs: Marijuana Expungement & Record Sealing in Cincinnati, OH
Can I Seal or Expunge a Dismissed Marijuana Case?
Yes. If your case was dismissed, resulted in a “not guilty” verdict, or was never formally charged, you can apply for immediate record sealing—no waiting period is required. However, the record will remain public until you file and the court grants your request.
What’s the Difference Between Record Sealing and Expungement?
Record sealing hides your conviction from public databases but allows limited access to courts and law enforcement. Expungement permanently deletes the record as if it never existed. Sealing is faster and more common, while expungement provides total erasure but has longer waiting periods and stricter eligibility.
How Long Does the Expungement or Sealing Process Take in Hamilton County?
The process typically takes a few weeks to several months, depending on the court’s schedule, the complexity of your case, and whether the prosecutor objects. Working with an attorney helps ensure all paperwork is properly completed to avoid delays.
How Much Does It Cost to File for Expungement or Record Sealing in Cincinnati?
There is a $50 filing fee for conviction cases in Hamilton County. If you can’t afford it, you may request a waiver by filing an Affidavit of Indigency with your application. Dismissed cases usually have no filing fee.
Can a Felony Marijuana Conviction Be Expunged in Ohio?
Some low-level, non-violent felony marijuana convictions (typically fourth- or fifth-degree possession) may qualify after the required waiting period. Higher-level felonies, trafficking cases, or offenses involving minors are not eligible under current Ohio law.
Will a Sealed or Expunged Record Still Appear on Background Checks?
Once sealed or expunged, your record will no longer appear on most employment or housing background checks. However, law enforcement, courts, and certain government agencies may still have limited access. Private databases may take time to update, so follow-up may be necessary.
Clear Your Record and Start Fresh — Contact LHA Today
Whether you were charged years ago for simple possession or faced a low-level felony for marijuana-related conduct, that record can continue to affect your future in ways you may not even realize. The good news: Ohio law now gives you the power to take back control through record sealing or expungement.
At Luftman, Heck & Associates, our Cincinnati expungement attorneys have helped countless clients successfully clear their criminal records and reclaim their opportunities. We understand how Hamilton County courts handle these petitions, how to present your rehabilitation effectively, and how to avoid the delays that often come with self-filed applications. From determining your eligibility to filing the petition and representing you at the hearing, our team will walk you through every step of the process.
Don’t let an old marijuana conviction continue to define your future. Call (513) 338-1890 today to schedule a free, confidential consultation with a Cincinnati expungement lawyer. Your record doesn’t have to follow you forever.
