Criminal Records & Expungement
A Guide for Hamilton County Service Providers

O HIO J USTICE & P OLICY C ENTER
Reclaiming Lives. Renewing Communities. Restoring Justice.
215 East Ninth Street, Suite 601; Cincinnati, OH 45202
(513) 421-1108 ext. 25 • www.ohiojpc.org

Made possible by generous support from the SC Ministry Foundation

Version Rev. 11/2008

1

Organizations helping people with criminal records
know how complicated and frustrating it can be for their
clients to access housing, employment, education, and other
important opportunities. Understanding the relevant laws and
procedures allows organizations to help their clients
overcome these challenges.
This guide is practical tool for helping your clients understand
their criminal record, the possibility of expungement, and
what to do if they cannot get an expungement.

THE OHIO JUSTICE & POLICY CENTER AND THE SECOND CHANCE PROJECT
The Ohio Justice & Policy Center (OJPC) is a non-profit, non-partisan, public-interest law firm
representing people marginalized by the criminal justice system. OJPC promotes evidence-based,
best-practice criminal justice reform through litigation, advocacy, research, and collaborative
initiatives.
The Second Chance Project serves adults and youth with criminal records who want to become
productive members of society. The Second Chance Project is an integral part of OJPC‟s work:
Reclaiming Lives. Renewing Communities. Restoring Justice.

DISCLAIMER
This guide is a general source of information about criminal records and is not a form of legal
advice. For answers to specific questions, it is best to consult an attorney.
If you have any questions about this guide or the Ohio Justice & Policy Center, please contact us
at (513) 421-1108 ext. 25.

© Ohio Justice & Policy Center

Version Rev. 11/2008

2

WHAT IS A “CRIMINAL RECORD”?
An adult criminal record is not one coherent document. Depending on the source of a
background check, different entries appear on a criminal record, including convictions, arrests not
leading to a conviction, sentencing dates, and penalties (fines, probation, confinement).
Hamilton County Conviction Record Transcript
In Hamilton County, the sheriff‟s office provides background checks at the Justice Center, 1000
Sycamore Street, for $5.00. These “blue sheets” (often referred to as “police checks” even though
they are run by the sheriff‟s office) include all convictions that occurred in Hamilton County, but
they exclude crimes in other counties and charges not resulting in a conviction (cases ignored or
dismissed, or defendant found not guilty). Also, these background checks do not reveal expunged
offenses. Certain employers may request that applicants obtain a “police check” before being hired.
Hamilton County Clerk of Courts Website
Anyone in the general public – including landlords, employers, and educational programs – can
view a limited criminal record check of any individual by accessing the Hamilton County Clerk of
Courts website. Free of charge, the website reveals non-expunged criminal convictions, civil cases,
and arrests (including arrests not leading to a conviction) that occurred in Hamilton County since
the early 1990s. The website does not reveal expunged offenses. Offenses predating the early 1990s
may be unavailable or have incomplete listings.
Private Background Check Companies
Private companies, many of which operate offer their services over the internet, provide criminal
record information to employers, landlords, and others reviewing the backgrounds of applicants.
Companies conducting these searches are subject to the Fair Credit Reporting Act (FCRA) and can
report all non-expunged convictions within the United States throughout a person‟s adulthood.
These services can also report any arrests not leading to conviction that occurred within seven years
of the check. A person must grant permission for others to request a private background check on
their name. If employers do not hire a person based on a background check, they must notify the
applicant about which service provided the check. If an applicant believes that the check is
incorrect or outdated, she should contact the Ohio Justice & Policy Center immediately.
BCI and FBI Background Checks
The State of Ohio Bureau of Criminal Identification and Investigation (“BCI&I,” or sometimes
referred to as just “BCI”) provides official criminal conviction records for Ohio only. The Federal
Bureau of Investigation (“FBI”) provides official nation-wide checks. These are the most accurate
and comprehensive. A person‟s fingerprints and permission are required to run the check. The
resulting report includes all convictions and, depending on who requests the search, may also
include expunged offenses. For example, if a health-care employer obtains permission to run a BCI
check on an applicant, the employer may disqualify the applicant from employment based solely on
certain expunged convictions.

There is no “expiration date” on an arrest or conviction record.
Unless you expunge the offense, it will always be on your record.

© Ohio Justice & Policy Center

Version Rev. 11/2008

3

EXPUNGEMENT AND SEALING OF AN ADULT RECORD
In Ohio, expungement of an adult record is the act of sealing the criminal record so that it is no longer
accessible to certain sources; that is, „sealing a criminal record‟ means the same thing as „expungement.‟
Records of convictions, as well as criminal cases that did not result in convictions, may be sealed.
Why seek expungement?
Expunging a criminal record – even a non-conviction – may prove valuable when applying for a job
or license, seeking credit, applying for educational programs, obtaining housing, and securing other
opportunities. In most cases, an expunged record will not show up on a background check and can be
treated as if it does not exist. In fact, after an expungement, an individual may honestly mark on
applications that the sealed offense does not exist.
Who can get an expungement?
All criminal non-convictions can be expunged. Civil cases, including divorces, personal injury cases,
and evictions, cannot be expunged. „Non-convictions‟ means dismissed cases, acquittals (client found not
guilty), and ignored cases (grand jury returned a „no-bill‟). Even if the only penalty for the crime was a
fine and even if the fine was paid, it still means that the client was found guilty and the charge will be on
their record.
The “Road to Expungement” chart on the next page can help you determine if a client is eligible for
expungement of a conviction. Understand that the rules are strict: any conviction from any state counts
and the court reviewing the expungement application will find the conviction no matter where it was
from. And if the client does not meet those criteria, there is no wiggle room for the judge to grant an
exception; the judge does not have the legal authority to grant an expungement to someone who is not
eligible. It is a waste of time and money to apply for an expungement that is guaranteed to be denied.
Call the Ohio Justice & Policy Center for any legal questions about expungement.
How do you get an expungement?
People who are eligible for expungement should contact the clerk of courts for the court (mayor‟s
court, court of common pleas, county court, etc.) in which they were sentenced to obtain application
forms to have a record sealed. Most courts have their own expungement forms and they tend to be very
particular about them, so make sure you use the right forms. There is a $50 fee for filing an
expungement application for a conviction; non-convictions are always free. Those who cannot afford the
filing fee can file an “Affidavit of Indigency” with the expungement application. A judge or magistrate
will review the request for the fee waiver separate from and before the expungement application. A
hearing date will be set and the applicant must appear in court on that date in person.
If the conviction occurred in Hamilton County, the offender should contact OJPC or the Legal Aid
Society of Greater Cincinnati to receive free help in obtaining the expungement. Those in other
counties should contact their local legal aid office.
Who can see expunged records?
If a judge orders the sealing of a person‟s adult record, the record will no longer appear when most
employers, landlords, or people in the general public obtain a check of that person‟s criminal history.
However, there are some significant exceptions. Sealed records may still be seen by:
Prosecutors, judges, and police if there are future criminal investigations
Judges considering convictions for sentencing in future crimes
A few employers, such as law enforcement, jobs working with children or the elderly (e.g. schools
or health-care services), and some jobs in real-estate and financial institutions
Some licensing boards of different professions, such the State Accountancy Board, State Medical
Board, State Dental Board, State Board of Nursing, State Board of Psychology, and others, for
the purposes of license denial, suspension, or revocation.
© Ohio Justice & Policy Center

Version Rev. 11/2008

4

THE ROAD TO EXPUNGEMENT
1. Are you trying to expunge a traffic conviction? If YES,
. If NO, continue…
Very few traffic offenses are expungeable. However, you may be able to expunge non-traffic offenses. If you
have questions about expunging a traffic offense, contact the Ohio Justice & Policy Center.
2. By the definition below, are you a “first time offender”? If NO,
. If YES, continue…
You are a first-time offender if you have …
only minor misdemeanors — OR —
only one conviction (felonies and ‘regular’ misdemeanors count!) on your record other than minor
misdemeanors — OR —
Only one set of multiple convictions that came out of the same act or were in court at the same time.

Traffic Offenses

Sexual Offenses

3. Do you have a conviction for one of the offenses below? If YES,
you may not expunge the conviction
below or any other misdemeanor or felony on your record. If all of your other convictions are minor
misdemeanors, continue (to expunge only minor misdemeanors)...
If NO, continue…
A first or second degree felony
An offense with a mandatory prison term
Unlawful sexual contact with a minor
Illegal use of a minor in nudity-oriented material or performance
Rape • Sexual battery • Gross sexual imposition • Sexual imposition
Importuning • Pandering obscenity involving a minor • Felonious sexual penetration
Pandering sexually oriented matter involving a minor
Knowingly selling or offering for sale a car that has had its odometer tampered with
Sale or possession of a master key designed to fit more than one vehicle
Driving under suspension (after DUI or refusing to take breathalyzer/chemical test )
Offenses with purpose to conceal or destroy identity of car or its parts
DUI • Street racing • Various types of hit and runs • Tampering with an odometer
4. Were you convicted of a crime listed below AND the victim of the crime was under 18 years old?
If YES,
. You may not expunge the conviction below or any other misdemeanor or felony on your
record. If all of your other convictions are minor misdemeanors, continue (to expunge only minor
misdemeanors)... If NO, continue…
Any felony or a first degree misdemeanor
A conviction after October 10, 2007 for: voyeurism, public indecency, compelling prostitution,
promoting prostitution, procuring, disseminating matter harmful to juveniles, displaying matter harmful
to juveniles, pandering obscenity, or deception to obtain matter harmful to juveniles
5. Were you convicted of an offense of violence (see back of this page for a list of “offenses of violence”)?
If YES, and the conviction is not an “exception” listed below,
. If NO, or if you have an “exception”
listed below, continue …
The following offenses are “exceptions” and MAY qualify for expungement:
Any violent misdemeanor of the second, third, or fourth degree
Any minor misdemeanor
A first degree misdemeanor for: riot, assault, inciting violence, or inducing panic
6. Do you have any charges currently pending against you? If YES,
. If NO, continue…
You cannot get an expungement if you have charges currently pending against you. You must wait until your
current case is resolved and then see if you still qualify for expungement.
7. Has the waiting period passed? You must wait 1 year from the final discharge (paid fine, finished jail/prison
term, discharged from probation/parole) of a misdemeanor; 3 years for a felony. If NO, apply for
expungement when sufficient time has passed. But if YES…

…CONGRATULATIONS! You made it! You are eligible for an expungement!
Note that even though you are eligible, the judge may still deny the application if the prosecutor objects.
If you are not eligible, the judge simply cannot legally grant yourVersion
expungement.
© Ohio Justice & Policy Center
Rev. 11/2008

5

Offenses of Violence (by Ohio Revised Code statute and by name)
2903.01 Aggravated murder.
2903.02 Murder.
2903.03 Voluntary manslaughter.
2903.04 Involuntary manslaughter.
2903.11 Felonious assault.
2903.12 Aggravated assault.
2903.13 Assault. (*see exceptions: this CAN be expunged if it is a first degree misdemeanor)
2903.15 Permitting child abuse.
2903.21 Aggravated menacing.
2903.211 Menacing by stalking.
2903.22 Menacing.
2905.01 Kidnapping.
2905.02 Abduction.
2905.11 Extortion.
2907.02 Rape.
2907.03 Sexual battery.
2907.05 Gross sexual imposition.
2907.12 (former) Felonious sexual penetration.
2909.02 Aggravated arson.
2909.03 Arson.
2909.24 Terrorism.
2911.01 Aggravated robbery.
2911.02 Robbery.
2911.11 Aggravated burglary.
2917.01 Inciting to violence. (*see exceptions: this CAN be expunged if it is a first degree misdemeanor)
2917.02 Aggravated riot.
2917.03 Riot. (*see exceptions: this CAN be expunged if it is a first degree misdemeanor)
2917.31 Inducing panic. (*see exceptions: this CAN be expunged if it is a first degree misdemeanor)
2919.25 Domestic violence.
2921.03 Intimidation.
2921.04 Intimidation of attorney, victim or witness in criminal case.
2921.34 Escape.
2923.161 Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to
cause harm or panic to persons in a school building or at a school function.
2911.12 Burglary. (*Division (A)(1), (2), or (3) of section)
2919.22 Endangering children. (*Division (B)(1), (2), (3), or (4))

© Ohio Justice & Policy Center

Version Rev. 11/2008

6

JUVENILE RECORDS
Juvenile justice records are not criminal records, and juveniles do not receive criminal
convictions. Instead, juveniles who break the law are referred to as “adjudicated delinquents.” In
fact, when a person with ONLY a juvenile record is asked whether he/she has been convicted of a
crime, the legally-correct answer is “No.”
Who can access juvenile records?
Since juvenile justice records are not public information, they will not appear on most
background checks. The records will not appear on a check from the Clerk of Courts, a sheriff‟s
check, or on private background checks. However, violent offenses and offenses that would have
been a felony if committed by an adult will be accessible in a few cases. This includes background
checks for jobs in hospitals, schools, daycares, security, and others. Also, juvenile records are
available to the police, courts and prosecutors.
If you have been denied public housing because of a juvenile record, or if you believe a
background check mistakenly revealed a juvenile record please contact the Ohio Justice & Policy
Center.
Sealing juvenile records
Unlike for adult criminal records, sealing a juvenile record is not the same as expunging it. Sealed
records are removed from the person‟s main criminal history file and secured in a separate file
accessible only to police, courts and prosecutors. Sealed juvenile records will not appear on any
background checks for employment or housing
Juvenile justice records are not automatically sealed at 18 years of age. A person may apply to
seal a juvenile record 2 years after the final discharge of the offense (i.e., termination of probation),
even if the person is still a juvenile. To seal a juvenile record, obtain and submit the appropriate
forms at the Juvenile Clerk of Courts Office. There is no filing fee for sealing juvenile records. The
applicant may be required to attend a hearing to determine whether the record can be sealed.
To decide whether a record will be sealed, the court considers: age at time of offense, nature of
offense, continued problems with the law, as well as other factors.
Expunging juvenile records
An expunged juvenile record is totally destroyed, in physical and electronic forms, so that the
record is permanently irretrievable. A juvenile record can be expunged any time after it is sealed. If
a person does not apply for expungement after sealing a juvenile record, expungement will occur
automatically 5 years after the record was sealed or when the person is 23 years old (whichever
happens first).

© Ohio Justice & Policy Center

Version Rev. 11/2008

7

ADVICE FOR INDIVIDUALS NOT ELIGIBLE FOR EXPUNGEMENT
For people who are not able to expunge their criminal record, other options exist. There are a
variety of services helping people with criminal records with re-entry, housing, employment, and
other issues (see page 8). People may also seek executive pardons from the Governor as “forgiveness
of guilt and punishment.” However, few pardons are granted: in the six years 1999-2004, forty-eight
pardons were granted by the Governor.
There are several strategies for a person with a criminal record to increase the chances of
obtaining employment or housing.
Enroll in a job training program, particularly one specifically designed to assist ex-offenders.
Such programs have established long-standing relationships with employers who are willing
to hire ex-offenders that complete the program.
Obtain letters of recommendation from previous employers, landlords, or respected
community members who can testify to your character and skills. Some people are uncertain
if an ex-offender can be a good employee or tenant. Providing positive information about
your past will suggest that you should not be defined by your criminal record.
Include a short explanation about why the conviction would not prevent you from being a
successful employee/tenant. Many applications ask “Do you have a past criminal
conviction?” or “Have you ever been arrested?” If you answer “Yes”, it may be helpful to add
an explanation about why your criminal record should not be a concern. If the offense was
committed long ago, for example, indicate that it has been many years since the conviction. If
the explanation is very complicated, you can always write “Will discuss at interview.”
Example: “I was arrested for drug possession six years ago. This occurred during a very
immature time in my life, and I have had no criminal history since then. I have
positively changed my life after the arrest by continuing my education, focusing on
rehabilitation through therapeutic groups, and completing an employment training
program. I no longer am the person that I was six years ago, and I know that I can be
a valuable, effective employee for your company.”
Do not lie on your application. If an employer conducts a background check (which they
likely will), they will discover if an applicant lies about a criminal record. Even if they would
have hired an ex-offender, employers almost certainly will not hire applicants who lie on their
application.
Be prepared to answer questions about your record. Practice answering these types of
questions in a mock interview or aloud to yourself. Mention that you have completed all
required terms of the conviction, and explain how you have taken steps toward rehabilitation
or personal improvement since the offense. Do not make excuses or go into graphic detail
about your offense. Do not spend most of the interview focused your criminal history. The
important message is that you would be a valuable employee and would not repeat the
mistakes of your past.
Know the limits. According to Ohio law, jobs that involve contact with children or the
elderly (nursing homes, health agencies, day cares, schools, etc.) cannot legally hire an
applicant who has been convicted, at any time, of certain “disqualifying offense.” In some
cases, employers may choose to hire applicant who meets all “rehabilitation standards”
specified by Ohio law. If you would like to work with children or the elderly, and you have a
criminal record, verify whether you can legally work in those fields and be aware of the legal
barriers to employment in Ohio. Contact the Ohio Justice & Policy Center for details and
questions on “disqualifying offenses.”
© Ohio Justice & Policy Center

Version Rev. 11/2008

8

SELECTED SERVICES FOR PEOPLE WITH A CRIMINAL RECORD
This list is intended for use as a guide only and is not a guarantee of aid, employment, housing,
or any other services. The list does not include all services/programs offered in Cincinnati.
Legal Services
Ohio Justice & Policy Center

421-1108

Legal Aid Society of Greater Cincinnati

241-9400

Employment Programs
Urban League

281-9955

Goodwill Placement Assistance Center 631-4500

Talbert House Reentry Program

684-7977

Literacy Center West

244-5062

Jobs Plus

241-1800

Cincinnati Works

744-9675

Super Jobs

731-9800

Community Action Agency
Fresh Start Program

569-1840

Educational/GED Programs
Literacy Network of Greater Cincinnati (free adult reading classes, GED program referrals)

621-7323

Cincinnati Public Schools ABLE/GED Program (free instruction for adults)

363-6100

Urban Appalachian Council (free GED services)

251-0202

Housing
Tender Mercies
(persons with mental illness)

639-7034

Freestore Foodbank
241-1064
(help with rent, utilities, tenant rights)

Better Housing League
(tenant-landlord problems)

721-6855

Recovery Hotel

455-5046

Mt. Airy Center

661-4620

Homeless Shelters
Drop Inn Center

721-0643

House of Refuge

221-3619

Bethany House Services Inc.
557-2873
Family Transitional Housing Program

Interfaith Hospitality Network
471-1100
(temporary shelter for homeless families)

Job & Family Services
Medicaid, Food Stamps & Assistance 946-1000

Child Support Services

946-7837

Food Assistance/Soup Kitchens
Over-the-Rhine Soup Kitchen, 37 Back St.

421-5121

St. Francis Soup Kitchen & Pantry, 14 E. Liberty St.

421-2547

Walnut Hills Soup Kitchen, 2631 Gilbert Ave.

961-1983

Free Store Food Bank, 112 E. Liberty St.

241-3123

© Ohio Justice & Policy Center

Version Rev. 11/2008