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Ohio Revised Code

Ohio Rev. Code § 2953.31 (2026)

Sealing or expungement of record of conviction or bail forfeiture - definitions

✓ current as of May 2026
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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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(A) As used in sections 2953.31 to 2953.521 of the Revised Code:

(1) "Prosecutor" means the county prosecuting attorney, city director of law, village solicitor, or similar chief legal officer, who has the authority to prosecute a criminal case in the court in which the case is filed.

(2) "Bail forfeiture" means the forfeiture of bail by a defendant who is arrested for the commission of a misdemeanor, other than a defendant in a traffic case as defined in Traffic Rule 2, if the forfeiture is pursuant to an agreement with the court and prosecutor in the case.

(3) "Official records" means all records that are possessed by any public office or agency that relate to a criminal case, including, but not limited to: the notation to the case in the criminal docket; all subpoenas issued in the case; all papers and documents filed by the defendant or the prosecutor in the case; all records of all testimony and evidence presented in all proceedings in the case; all court files, papers, documents, folders, entries, affidavits, or writs that pertain to the case; all computer, microfilm, microfiche, or microdot records, indices, or references to the case; all index references to the case; all fingerprints and photographs; all DNA specimens, DNA records, and DNA profiles; all records and investigative reports pertaining to the case that are possessed by any law enforcement officer or agency, except that any records or reports that are the specific investigatory work product of a law enforcement officer or agency are not and shall not be considered to be official records when they are in the possession of that officer or agency; all investigative records and reports other than those possessed by a law enforcement officer or agency pertaining to the case; and all records that are possessed by any public office or agency that relate to an application for, or the issuance or denial of, a certificate of qualification for employment under section 2953.25 of the Revised Code.

"Official records" does not include any of the following:

(a) Records or reports maintained pursuant to section 2151.421 of the Revised Code by a public children services agency or the department of job and family services;

(b) Any report of an investigation maintained by the inspector general pursuant to section 121.42 of the Revised Code, to the extent that the report contains information that pertains to an individual who was convicted of or pleaded guilty to an offense discovered in or related to the investigation and whose conviction or guilty plea was not overturned on appeal;

(c) Records, reports, or audits maintained by the auditor of state pursuant to Chapter 117. of the Revised Code.

(4) "Official proceeding" has the same meaning as in section 2921.01 of the Revised Code.

(5) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(6) "Post-release control" and "post-release control sanction" have the same meanings as in section 2967.01 of the Revised Code.

(7) "DNA database," "DNA record," and "law enforcement agency" have the same meanings as in section 109.573 of the Revised Code.

(8) "Fingerprints filed for record" means any fingerprints obtained by the superintendent of the bureau of criminal identification and investigation pursuant to sections 109.57 and 109.571 of the Revised Code.

(9) "Investigatory work product" means any records or reports of a law enforcement officer or agency that are excepted from the definition of "official records" and that pertain to a conviction or bail forfeiture, the records of which have been ordered sealed or expunged pursuant to division (D)(2) of section 2953.32 or division (F)(1) of section 2953.39 of the Revised Code, or that pertain to a conviction or delinquent child adjudication, the records of which have been ordered expunged pursuant to division (E) of section 2151.358, division (C)(2) of section 2953.35, or division (F) of section 2953.36 of the Revised Code.

(10) "Law enforcement or justice system matter" means an arrest, complaint, indictment, trial, hearing, adjudication, conviction, or correctional supervision.

(11) "Record of conviction" means the record related to a conviction of or plea of guilty to an offense.

(12) "Victim of human trafficking" means a person who is or was a victim of a violation of section 2905.32 of the Revised Code, regardless of whether anyone has been convicted of a violation of that section or of any other section for victimizing the person.

(13) "No bill" means a report by the foreperson or deputy foreperson of a grand jury that an indictment is not found by the grand jury against a person who has been held to answer before the grand jury for the commission of an offense.

(14) "Court" means the court in which a case is pending at the time a finding of not guilty in the case or a dismissal of the complaint, indictment, or information in the case is entered on the minutes or journal of the court, or the court to which the foreperson or deputy foreperson of a grand jury reports, pursuant to section 2939.23 of the Revised Code, that the grand jury has returned a no bill.

(B)(1) As used in section 2953.32 of the Revised Code, "expunge" means the expungement process described in section 2953.32 of the Revised Code, including the authority described in division (D)(5) of that section.

(2) As used in sections 2953.33 to 2953.521 of the Revised Code, "expunge" means both of the following:

(a) The expungement process described in sections 2953.35, 2953.36, 2953.39, and 2953.521 of the Revised Code;

(b) To destroy, delete, and erase a record as appropriate for the record's physical or electronic form or characteristic so that the record is permanently irretrievable.

Last updated August 28, 2023 at 12:59 PM

Notes of Decisions
Cited in 264 cases (60 in the last 5 years), 1977–2026 · leading case: State v. Niesen-Pennycuff, 2012 Ohio 2730 (Ohio 2012).
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State v. Niesen-Pennycuff, 2012 Ohio 2730 (Ohio 2012). · cites it 36× “{¶ 9} The state argues that the statute’s reference to R.C. 2953.31 to 2953.36 means that the sealing of records in ILC is governed by R.”
State v. J.M., 2016 Ohio 2803 (Ohio 2016). · cites it 16× “11(A) for failing to register a motor vehicle must be counted as an offense when determining eligible-offender status for record-sealing purposes under R.C. 2953.31. R.C. 2953.32(A)(1) allows a sentencing court to seal the record of a case pertaining to an eligible offender’s…”
State v. Futrall, 2009 Ohio 5590 (Ohio 2009). · cites it 8× “First, although this case does not directly call upon us to determine whether the defendant is a first offender, we find support for our holding in the definition of “first offender” in R.C. 2953.31: “When two or more convictions 4 January Term, 2009 result from or are connected…”
State v. Puckett, 2021 Ohio 2634 (Ohio Ct. App. 2021). · cites it 19× “The trial court found that despite recent amendments to R.C. 2953.31 and 2953.36, appellant's conviction was ineligible for sealing under R.”
State v. A.H., 2019 Ohio 5120 (Ohio Ct. App. 2019). · cites it 28× “had to demonstrate that the statutory provisions establishing the right to seal a record of conviction apply in his case and, if those provisions apply, that he is considered an “eligible offender” under R.C. 2953.31. Throughout these proceedings, A.”
State v. T.D., 2022 Ohio 3741 (Ohio Ct. App. 2022). · cites it 20× “Despite the state’s objection, applicant qualifies as an “eligible offender” under R.C. 2953.31. 4. The trial court committed reversible error by finding applicant ineligible for the expungement and/or sealing of his felony conviction.”
The State Ex Rel. Cincinnati Enquirer v. Lyons, Judge, 2014 Ohio 2354 (Ohio 2014). · cites it 8× “) {¶ 18} The term “eligible offender” is defined in R.C. 2953.31(A) as anyone who has been convicted of an offense in this state or any other jurisdiction and who has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the…”
State v. Helfrich, 2018 Ohio 638 (Ohio Ct. App. 2018). · cites it 16× “{¶ 24} Thus, in our analysis of this portion of the "eligible offender" statutory language, Helfrich had, at a minimum, two separate misdemeanor convictions from the Tiffin Municipal Court for purposes of the sealing statute.”
State v. A.K.H., 2023 Ohio 220 (Ohio Ct. App. 2023). · cites it 17× “’s application to seal his records of conviction (“motion to seal records”). For the following reasons, we affirm.”
State v. R.S., 2022 Ohio 1108 (Ohio Ct. App. 2022). · cites it 5× “32(C)(1)(a), a court must determine if an applicant is an “eligible offender” as defined by R.C. 2953.31(A)(1). The statute identifies two categories of eligible offenders.”
State v. Hilbert, 764 N.E.2d 1064 (Ohio Ct. App. 2001). · cites it 4× “2d 841 : “R.C. 2953.31, which defines the term ‘first offender,’ was amended in 1984.”
State v. Saltzer, 485 N.E.2d 831 (Ohio Ct. App. 1985). · cites it 11× “On January 28, 1983, Saltzer applied for expungement pursuant to R.C. 2953.31 el seq. 1 The court denied the application without hearing in eight separate journal entries July 8, 1983.”
Show all 264 citing cases →
— Ohio Rev. Code § 2953.31(A) — 120 cases
State v. J.M., 2016 Ohio 2803 (Ohio 2016). “11(A) for failing to register a motor vehicle must be counted as an offense when determining eligible-offender status for record-sealing purposes under R.C. 2953.31. R.C. 2953.32(A)(1) allows a sentencing court to seal the record of a case pertaining to an eligible offender’s…”
The State Ex Rel. Cincinnati Enquirer v. Lyons, Judge, 2014 Ohio 2354 (Ohio 2014). “) {¶ 18} The term “eligible offender” is defined in R.C. 2953.31(A) as anyone who has been convicted of an offense in this state or any other jurisdiction and who has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the…”
State v. Helfrich, 2018 Ohio 638 (Ohio Ct. App. 2018). “{¶ 24} Thus, in our analysis of this portion of the "eligible offender" statutory language, Helfrich had, at a minimum, two separate misdemeanor convictions from the Tiffin Municipal Court for purposes of the sealing statute.”
State v. A.H., 2019 Ohio 5120 (Ohio Ct. App. 2019). “had to demonstrate that the statutory provisions establishing the right to seal a record of conviction apply in his case and, if those provisions apply, that he is considered an “eligible offender” under R.C. 2953.31. Throughout these proceedings, A.”
In re K.J., 2014 Ohio 3472 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2953.31(A)(1) — 29 cases
State v. R.S., 2022 Ohio 1108 (Ohio Ct. App. 2022). “32(C)(1)(a), a court must determine if an applicant is an “eligible offender” as defined by R.C. 2953.31(A)(1). The statute identifies two categories of eligible offenders.”
State v. Hart, 2022 Ohio 1706 (Ohio Ct. App. 2022).
State v. Potts, 2020 Ohio 989 (Ohio Ct. App. 2020).
State v. T.D., 2022 Ohio 3741 (Ohio Ct. App. 2022). “Despite the state’s objection, applicant qualifies as an “eligible offender” under R.C. 2953.31. 4. The trial court committed reversible error by finding applicant ineligible for the expungement and/or sealing of his felony conviction.”
State v. J.B., 2024 Ohio 1879 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2953.31(A)(1)(B) — 1 case
State v. N.V., 2021 Ohio 3868 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2953.31(A)(1)(a) — 29 cases
State v. T.D., 2022 Ohio 3741 (Ohio Ct. App. 2022). “Despite the state’s objection, applicant qualifies as an “eligible offender” under R.C. 2953.31. 4. The trial court committed reversible error by finding applicant ineligible for the expungement and/or sealing of his felony conviction.”
State v. Puckett, 2021 Ohio 2634 (Ohio Ct. App. 2021). “The trial court found that despite recent amendments to R.C. 2953.31 and 2953.36, appellant's conviction was ineligible for sealing under R.”
State v. A.K.H., 2023 Ohio 220 (Ohio Ct. App. 2023). “’s application to seal his records of conviction (“motion to seal records”). For the following reasons, we affirm.”
State v. R.S., 2022 Ohio 1108 (Ohio Ct. App. 2022). “32(C)(1)(a), a court must determine if an applicant is an “eligible offender” as defined by R.C. 2953.31(A)(1). The statute identifies two categories of eligible offenders.”
State v. J.B., 2019 Ohio 4659 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2953.31(A)(1)(b) — 21 cases
State v. Puckett, 2021 Ohio 2634 (Ohio Ct. App. 2021). “The trial court found that despite recent amendments to R.C. 2953.31 and 2953.36, appellant's conviction was ineligible for sealing under R.”
State v. A.K.H., 2023 Ohio 220 (Ohio Ct. App. 2023). “’s application to seal his records of conviction (“motion to seal records”). For the following reasons, we affirm.”
State v. T.D., 2022 Ohio 3741 (Ohio Ct. App. 2022). “Despite the state’s objection, applicant qualifies as an “eligible offender” under R.C. 2953.31. 4. The trial court committed reversible error by finding applicant ineligible for the expungement and/or sealing of his felony conviction.”
State v. J.B., 2019 Ohio 4659 (Ohio Ct. App. 2019).
State v. J.L., 2020 Ohio 3466 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2953.31(A)(2) — 4 cases
State v. A.K.H., 2023 Ohio 220 (Ohio Ct. App. 2023). “’s application to seal his records of conviction (“motion to seal records”). For the following reasons, we affirm.”
State v. T.S., 2020 Ohio 5182 (Ohio Ct. App. 2020).
State v. Herrick, 2019 Ohio 5047 (Ohio Ct. App. 2019).
State v. Cline, 2022 Ohio 1632 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2953.31(A)(2)(b) — 1 case
State v. B.K., 2020 Ohio 4219 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2953.31(B) — 1 case
State v. Matthews, 2015 Ohio 3517 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2953.31(B)(1) — 3 cases
State ex rel. Culgan v. Jefferson Cty. Clerk of Courts, 2024 Ohio 5699 (Ohio 2024).
Euclid v. R.C., 2026 Ohio 457 (Ohio Ct. App. 2026).
State v. M.F., 2026 Ohio 349 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2953.31(B)(2)(b) — 1 case
State ex rel. Attorney Gen. v. Hamm, 2026 Ohio 2304 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2953.31(C) — 1 case
State v. Maxwell, 2020 Ohio 3027 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2953.31(C)(1)(a) — 2 cases
State v. Wright, 2010 Ohio 6259 (Ohio Ct. App. 2010).
State v. Bergman, 2017 Ohio 2944 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2953.31(C)(1)(e) — 1 case
State v. Mirkin, 2022 Ohio 2229 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2953.31(D) — 2 cases
Schussheim v. Schussheim, 2013 Ohio 4529 (Ohio 2013).
United States v. Andriacco, 942 F. Supp. 1157 (S.D. Ohio 1996).
— Ohio Rev. Code § 2953.31(a)(1) — 1 case
State v. Young, 2022 Ohio 593 (Ohio Ct. App. 2022).
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