Get a Second Chance in Life With Expungement
If a past mistake is still holding you back in Cleveland, Ohio, it can feel as though you are carrying an anchor everywhere you go. Prospective employers hesitate, landlords decline applications, and professional licensing boards look the other way. Bartell, Georgalas & Juarez understands how overwhelming this can be for people in Cleveland and throughout the state of Ohio.
Our Cleveland criminal defense team has helped countless clients wipe the slate clean through Ohio’s record-sealing and expungement laws so they can reclaim housing, employment, and peace of mind in Cleveland, Ohio.
What Is Expungement and How Does It Work?
Ohio law distinguishes between sealing (hiding records from most public view) and expungement (permanently destroying them). Until recently, sealing was far more common; true expungement was reserved for very limited scenarios. That changed when
Senate Bill 288 took effect on April 4, 2023, dramatically expanding the list of convictions that may be expunged and aligning much of the procedure with the familiar sealing process.
Key points about SB 288 and subsequent updates
- Eliminated the old “eligible offender” definition and instead focuses on whether an individual conviction is disqualified.
- Introduced shorter waiting periods and clarified that courts apply the same “interest of justice” balancing test used for sealing.
- Authorized destruction of physical and digital records once an expungement order is final.
Who Qualifies for Expungement in Cleveland, Ohio?
Ohio’s record-sealing and expungement laws were overhauled by Senate Bill 288 (2023) and House Bill 234 (2025), opening the door for more people across Cleveland and the rest of the state to clear past convictions. Eligibility depends on the type of offense and how much time has passed since the sentence was completed.
Convictions That May Be Expunged
In Cleveland, M-1 to M-4 convictions refer to
misdemeanor offenses classified by severity, with M-1 being the most serious (e.g.,
assault) and M-4 the least (e.g., disorderly conduct), each carrying different penalties under Ohio law.
- Minor misdemeanors (like disorderly conduct) become eligible for expungement six months after all terms of the case are completed, including payment of fines or probation.
- Misdemeanor convictions ranging from M-1 to M-4 are generally eligible after one year from final discharge, provided they aren’t disqualified offenses like certain traffic or domestic violence cases.
- Fourth- and fifth-degree felony convictions may be expunged after a total of eleven years—one year to apply for sealing, followed by ten years before expungement becomes available. These felonies must be non-violent and non-sexual.
- One third-degree felony that is non-violent, non-sexual, and not related to public corruption can be expunged after thirteen years—three years for sealing and an additional ten years before expungement is allowed.
Convictions That Cannot Be Expunged
Some offenses remain permanently on your record under current law. These include:
- OVI and traffic offenses
- Felony offenses of violence (e.g., aggravated assault)
- Sex crimes requiring registration
- Offenses involving victims under the age of 13
- Theft in office and public corruption charges
- Most domestic violence convictions (M-1 and M-2 cannot be sealed or expunged)
Certain third-degree domestic violence convictions or protection order violations may be sealed, but expungement is not available.
Special Rules and Exceptions
When multiple offenses come from the same event or legal case, a judge may treat them as a single conviction for expungement purposes. This can significantly improve eligibility, especially for people with clustered charges from a single incident.
Even if one conviction cannot be expunged, other unrelated offenses might still qualify. For example, someone with a felony OVI conviction might still be able to expunge an old shoplifting misdemeanor from their record.
Next Steps for People in Cleveland and Beyond
If you’re in Cleveland, Independence, Columbus, or Oxford and want a fresh start, expungement may be within reach, but the process is detailed and case-specific. Our team at Bartell, Georgalas & Juarez has helped clients throughout Ohio clear their records and move forward. Reach out to our Cleveland team to find out if you qualify and how we can help.
The Typical Cleveland, Ohio, Expungement Process
If you're seeking to clear your criminal record in Cleveland, Ohio, the expungement process involves several specific steps. While it may seem complex, a knowledgeable expungement attorney can guide you through each stage to give you the best chance of success.
1. Complete Final Discharge of the Case: Before you're eligible to apply for expungement or sealing, the court must consider your case “finally discharged.” This means you must have completed all terms of your sentence, including:
- Any jail or prison time
- Probation or community control
- Payment of fines, court costs, or restitution
The clock for your waiting period does not start until all of these obligations are fully met.
2. Wait the Statutory Period: Ohio law requires a mandatory waiting period depending on the offense:
- Six months for minor misdemeanors
- One year for most misdemeanors
- Several years for felony convictions (up to 13 years in some cases)
This waiting period is critical—it ensures the court can evaluate your rehabilitation over time.
3. File Your Application in the Correct Court: You must file your application for expungement or sealing in the same court that handled the original case. For most residents of Cleveland, this will be the Cuyahoga County Common Pleas Court. The application includes personal information, case details, and a legal request to clear the record.
4. Notify the Prosecutor: Once the application is filed, the prosecutor’s office is formally notified. The state has the right to file an objection if they believe expungement is not appropriate—especially if there are new charges, unpaid fines, or questions about rehabilitation.
5. Attend a Court Hearing (If Required): In some cases, a hearing will be scheduled. At this hearing, your expungement attorney will present evidence of your rehabilitation—this might include proof of employment, community involvement, or letters of support. The judge will weigh your progress against the nature of the original offense.
6. Receive the Court’s Decision: If the judge approves your request, the court will issue an order to seal or expunge your record. That order is then sent to relevant government agencies and commercial background check companies. They are legally required to remove, seal, or destroy the record, depending on the type of relief granted.
Because the stakes are high, missing even a minor technical requirement can derail an otherwise qualified petition, one reason so many people across Independence, Columbus, and Oxford, Ohio, and the greater Cleveland rely on us to handle every detail.
Can Drunk Driving (OVI/DUI) Convictions Be Expunged in Ohio?
No, an OVI (Operating a Vehicle while Impaired) conviction cannot be sealed or expunged in Ohio. This rule applies statewide, including in Cleveland, Independence, Columbus, and Oxford. The ban comes directly from Ohio law and remains unchanged even after recent reforms like Senate Bill 288.
Why an OVI Stays on Your Record
OVI is classified as a traffic offense under Chapter 4511 of the Ohio Revised Code. Under Ohio Revised Code § 2953.36, convictions for traffic offenses, including OVI, are permanently excluded from record sealing and expungement. Lawmakers keep these convictions public to support long-term public safety and ensure repeat offenses can be tracked.
Even decades later, a new OVI charge will count as a second offense because the first conviction never disappears.
Are There Any Exceptions?
The conviction itself cannot be cleared, but there may be relief for related parts of the case:
- Dismissed OVI charges may be sealed or expunged, especially if you pleaded to a different, lesser offense like disorderly conduct.
- ALS (Administrative License Suspension) records may be sealable if the case was dismissed or you were found not guilty.
- Reduction to reckless operation typically remains on your record, but certain legal strategies may still help, depending on how the charges were handled.
Alternatives to Expungement
If expungement isn’t an option, there are other ways to improve your situation:
- Limited driving privileges can be requested during your suspension for work, school, or medical reasons.
- License reinstatement through the BMV by completing remedial steps like courses, fees, or installing an ignition interlock device.
- Appeals or motions to vacate may be possible in rare cases involving legal mistakes or violations of your rights.
- Governor’s pardon, while difficult to obtain, can remove the conviction entirely.
- Rehabilitation and character-building efforts, such as community service and treatment programs, can help mitigate the effects during background checks.
What This Means for You
Courts in Cleveland and across Cuyahoga County follow this law strictly. They will reject any expungement request for an OVI conviction. The same is true in Columbus, Oxford, and other Ohio communities.
However, working with an experienced attorney can help you seal any other eligible charges from the same case, regain your driving privileges, and plan for your future.
An OVI conviction stays on your record forever in Ohio, but you’re not out of options. Bartell, Georgalas & Juarez helps people throughout Cleveland, Independence, Columbus, and Oxford find strategic ways to move forward. Contact us today to explore what relief may still be available in your case.
What Is the Difference Between Sealing and Expungement?
In Ohio, sealing and expungement are two separate legal remedies that offer different levels of relief. While both aim to reduce the harm of a criminal record, they operate in distinct ways.
Sealing a Record: When a record is sealed, it is hidden from most public view but not destroyed. The record still exists and can be accessed by certain government agencies, including law enforcement, courts, and professional licensing boards. However, the general public, most employers, and landlords will no longer see it.
Key points about sealing:
- The record is not erased, just made invisible to the public.
- You can generally answer “no” to questions about your criminal record on job or housing applications.
- Some exceptions apply for jobs in law enforcement, schools, or other regulated industries.
- Sealing is often available sooner than expungement.
Expungement: Expungement goes further by permanently erasing the record. Once expunged, the offense is legally considered to have never occurred, and the record is destroyed.
Key points about expungement:
- The record is permanently removed from public and most government access.
- Even courts typically cannot retrieve the expunged record.
- Expungement is only available after a waiting period that follows successful sealing, usually 10 years for many offenses.
In short:
- Sealing hides the record from the public.
- Expungement permanently deletes it.
A Cleveland expungement attorney can help you determine whether your record is eligible for sealing now and when you might qualify for full expungement in the future. Starting with sealing can bring immediate benefits and open the door to a clean slate down the road.
How Can a Cleveland Expungement Attorney Help You Seal Your Criminal Record?
Navigating Ohio’s record-sealing law on your own can be confusing and time-consuming. Working with an experienced attorney in Cleveland, Ohio, offers several advantages:
- Evaluate Eligibility
- Review your convictions and determine which ones can be sealed or expunged under current Ohio statutes and recent legislative updates.
- Explain any waiting periods or statutory exclusions that might apply to your situation.
- Explain the Process and Timeline
- Walk you through each required step, from gathering court documents to filing the petition, so you understand what to expect and when.
- Clarify how long the court might take to schedule a hearing and issue a decision.
- Prepare and File the Petition
- Draft clear, accurate paperwork that meets the technical requirements of the court where your case was heard.
- File the petition on your behalf and make sure all necessary parties receive notice.
- Present Supporting Evidence
- Help you collect proof of rehabilitation, such as employment history, education, or community service, to show why sealing your record serves the public interest.
- Organize letters of support and any other documents that strengthen your case.
- Advocate at the Hearing
- Represent you before the judge, present legal arguments, and answer questions that might arise.
- Address any concerns the prosecutor raises and highlight factors that favor granting your petition.
- Confirm Compliance After Approval
- Follow up to ensure the sealing order is properly carried out across relevant agencies and databases.
- Advise you on how to discuss your record moving forward, for example, on job or housing applications, so you can fully benefit from a clean slate.
By handling the legal details and serving as your advocate, a qualified attorney can streamline the sealing process, reduce stress, and improve your chances of success in Cleveland, Ohio.
Why Local Experience Matters
From the specialized expungement docket in Cuyahoga County to the more informal proceedings of Oxford Mayor’s Court, procedure and personnel vary widely. Bartell, Georgalas & Juarez has appeared before each of these benches and understands the subtleties of which judges value extensive community-service logs, prefer employer letters, and insist on in-person testimony even for uncontested petitions. That local insight can be the difference between a swift order and a costly delay.
Let our team shoulder the legal heavy lifting while you focus on rebuilding your life. Call today for a confidential case evaluation and take the first concrete step toward the fresh start you deserve. We offer legal assistance to those facing criminal charges throughout the state of Ohio, including:
Contact Bartell, Georgalas & Juarez Today for Help With Expungement in Cleveland
Every day you wait is another day your criminal record limits housing, employment, and family opportunities in Cleveland, Ohio. With offices conveniently located in Independence, Columbus, and Oxford, Ohio, our attorneys meet clients wherever they are. We know Ohio’s law inside and out, and we use our knowledge to fight for second chances throughout Cleveland, Ohio and beyond.
