Sealing of a Criminal Record

Individuals who have been charged with a criminal offense in the Montgomery County Common Pleas Court, or who have been convicted and had the charge(s) dismissed, or who were charged but not indicted by a Grand Jury, can apply to the Court to have their case sealed under Ohio law. Refer to the statutes below to get more detailed information.

Sealing of a conviction
2953.32 Sealing of record of first offense; application; hearing; fee; re-examination of sealed record

Sealing of a dismissed case or a refusal by a Grand Jury to indict
2953.52 Application to have records sealed; grounds; order

Additional statutes in the Ohio Revised Code may affect your eligibility to have your record sealed.

You may submit a motion to the Court of Common Pleas without the assistance of an attorney if you so choose. You can locate the form needed to file such a motion on our Criminal Forms page. There is a $50.00 non-refundable filing fee.

Deputy Clerks in the Clerk of Courts Office are not permitted to give legal advice. If you are uncertain regarding your eligibility to have your criminal case sealed by the court, you should consult with an attorney before paying the $50.00 filing fee. If you cannot afford to hire an attorney, you may call the Legal Aid of Western Ohio at 937-228-8088 to see if you qualify for their services.

The decision to grant your motion to seal your record lies with the Judge of the Common Pleas Court. The court will conduct an investigation in most cases before making a decision.

Waiting Periods to File a Motion to Seal Record

Felony Conviction 3-5 years after final release
No True Bill Issued by Grand Jury 2 years after Grand Jury decision
Misdemeanor Conviction 1 year after final release
Completed Diversion Program No waiting period; apply after dismissal of case
Dismissal of Charge (with Prejudice) No waiting period
Dismissal of Charge (without Prejudice) See Ohio statute
Completion of TLC or ILC No waiting period
Found not guilty No waiting period

 

For answers to some of our most common questions, please see the Sealing of Record section of our Frequently Asked Questions.