When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Ohio, expungement is the legal process by which a person's criminal record of an arrest or conviction is destroyed or sealed from state or federal records. Ohio law allows for the expungement of certain criminal records under specific circumstances. Generally, expungement in Ohio is available for individuals who have been convicted of an eligible offense and who have completed their sentence, including any probation or parole. Some misdemeanors and a limited number of felonies can be expunged, but there are many offenses, such as violent crimes, that are not eligible for expungement. Additionally, the individual must not have any pending criminal charges and must have a period of time pass after their conviction or discharge. The process involves filing a motion with the court, and the court has discretion in deciding whether to grant the expungement. If a record is expunged, the individual can legally claim not to have been convicted of that crime for most purposes. However, expunged records may still be used in certain situations, such as in subsequent criminal proceedings or for law enforcement purposes. It's important to consult with an attorney to understand the specific eligibility criteria and the process for expungement in Ohio.