Sealing Misdemeanor in the State of Ohio

Can a Misdemeanor in Ohio Be Expunged or Sealed? A Step-by-Step Guide

A misdemeanor conviction in Ohio can follow you for years—affecting job opportunities, housing, student loans, and even professional licensing. But here’s the good news: many misdemeanor convictions can be expunged or sealed under Ohio law.

At Brian C. Morrissey, Attorney at Law, we help clients in Toledo and throughout Lucas County clean up their criminal records and move forward with their lives. In this guide, we explain who qualifies for expungement, how the process works, and why it’s worth pursuing.

What Does Expungement Mean in Ohio?

In Ohio, when your record is sealed:

·      The conviction is removed from public view;

·      Employers, landlords, and most agencies cannot see it in background checks;

·      You are legally permitted to answer “no” when asked if you’ve been convicted of a crime (with limited exceptions and depending on the phrasing of the question).

The record still exists for law enforcement, courts, and certain government entities, but for most purposes, it’s like the conviction never happened.

Who Qualifies to Have a Misdemeanor Expunged in Ohio?

Under Ohio Revised Code § 2953.32, many people with misdemeanor convictions can have their records sealed if they meet the following general criteria:

✅ You were convicted of a qualifying offense

Most non-violent, non-sexual misdemeanor convictions are eligible. Examples include:

·      Theft (under $1,000)

·      Drug possession (small amount)

·      Disorderly conduct

·      Trespassing

·      Driving under suspension

·      Public intoxication

❌ You were not convicted of an offense that is barred from expungement, such as:

·      Crimes involving violence or threats of violence (with some exceptions)

·      Sex offenses (e.g., sexual battery, rape)

·      Certain offenses involving minors

·      Felonies of the first or second degree

✅ You’ve waited the required amount of time

The waiting period begins after the completion of your sentence, probation, or parole:

·      One year for most misdemeanor convictions

✅ You have no pending charges

You must have no criminal charges pending in any court at the time you apply.

What About Multiple Convictions?

Ohio law has become more flexible in recent years. You may still qualify even if you have:

·      Multiple misdemeanors, as long as they are not violent or otherwise disqualified

·      A combination of eligible felonies and misdemeanors (subject to limits)

Each case must be evaluated individually. We can help you determine your eligibility based on your unique situation and criminal history.

The Expungement Process: Step-by-Step

Step 1: Find the Cases That Need to be Expunged

We’ll help you obtain certified copies of your conviction(s) and review your background to determine eligibility.

Step 2: File a Petition for Expungement

We file a petition to seal your record in the court where the conviction occurred (for Toledo cases, this is often Toledo Municipal Court, Sylvania is the Sylvania Municipal Court etc...).

Step 3: Serve the Prosecutor

The prosecutor’s office will be notified and may object to the expungement if they believe you are not eligible or that sealing is not in the public interest.

Step 4: Attend a Hearing (if required)

Some courts hold a brief hearing. We present evidence and arguments in support of your petition, including your good behavior, need for a clean record, and community contributions. Many times the prosecutor has no objection and if a person lives out of state they may not have to be present.

Step 5: Await the Court’s Decision

If the court approves your petition, it will issue an order to seal the record. Background check agencies will no longer have access to the conviction.

Why Should You Seal Your Record?

Sealing your record offers a fresh start—especially when it comes to:

·      Employment: Most employers perform background checks. Sealing removes that barrier.

·      Housing: Landlords often view criminal records.

·      Professional Licenses: Nurses, teachers, contractors, and other licensed professionals can be affected by past convictions.

·      Education: Certain colleges and federal student aid programs ask about convictions.

Most importantly, it gives you peace of mind and freedom from being defined by one mistake.

What If My Record Was Dismissed or I Was Found Not Guilty?

Even if your case was dismissed or you were acquitted, the arrest and court record may still appear on background checks. These can also be sealed—and in fact, you don’t have to wait as long:

·      You can apply immediately upon dismissal of the case, depending on the charge.

Why Work with Brian C. Morrissey, Attorney at Law?

Navigating the expungement process on your own can be difficult, especially if you're unsure whether your charges are eligible or if your case involves multiple convictions.

We can help by:

·      Reviewing your criminal record for eligibility

·      Preparing and filing your expungement petition

·      Representing you at your hearing (if required)

·      Responding to objections by the prosecutor

·      Following up to ensure compliance with court orders

We’ve helped clients across Toledo and northwest Ohio clean their records and get their lives back on track.

Ready to Clear Your Criminal Record?

Take the next step toward a clean slate. If you’ve been convicted of a misdemeanor in Toledo, Maumee, Oregon, Sylvania, or anywhere in Lucas County, let us help you determine your eligibility and start the expungement process today.

📞 Call Brian C. Morrissey, Attorney at Law at (419) 830-7441

🌐 Visit www.brianmorrisseylaw.com

📧 Email: brian@brianmorrisseylaw.com