Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to specified controlled substance convictions can be conditionally sealed by the court upon the successful completion of drug treatment. N.Y. Crim. Proc. Law § 160.58(1).	Records of an arrest resulting in a waiver of a hearing pursuant to section 1192(10)(c) of the vehicle and traffic law or section 49-b of the navigation law will be sealed when the person reaches the age of 21 or three years from the date of the offense, whichever is the greater period of time. N.Y. Crim. Proc. Law § 160.55(5)(a).	Records of an arrest for violations of section 1192-a or 1194-a of the vehicle and traffic law or section 49-b of the navigation law that are resolved in favor of a defendant who is under the age of 21 will be sealed no later than three years from the date of the offense or when the person reaches the age of 21, whichever is the greater period of time. N.Y. Crim. Proc. Law § 160.55(5)(b).	An individual who was an eligible youth, who was not determined to be a youthful offender by the sentencing court, may apply to the sentencing court for a new determination, after at least five years have passed since the imposition of the sentence. See N.Y. Fam. Ct. Act § 720.20(5)(a).	Traffic infractions committed by a juvenile 16 years of age or, commencing on October 1, 2019, 17 years of age, shall be sealed automatically at the expiration of a successful period of an adjustment, adjournment in contemplation of dismissal or conditional discharge. N.Y. Fam. Ct. Act § 375.2(7).	Records relating to a criminal charge can be sealed two years after a grand jury reports no true bill. ORC Ann. 2953.33(A).	Records relating to a felony of the fourth or fifth degree or a misdemeanor can be sealed by the court. ORC Ann. §§ 2953.32, 2953.31.	Records relating to a case referred to the court but resolved without the filing of a complaint will be sealed immediately by the court. Ohio Rev. Code Ann. § 2151.356(B)(1)(b).	Records of an alcohol-related offense for which the person successfully completed a diversion program will be sealed immediately. Ohio Rev. Code Ann. § 2151.356(B)(1)(c).	Records relating to a matter dismissed after a trial or for which the person was found not delinquent will be promptly ordered to be immediately sealed. Ohio Rev. Code Ann. § 2151.356(B)(1)(d).	Records relating to an adjudication of delinquency can be sealed upon petition, so long as the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child, six months have passed since termination or relief from registration, and the person is not subject to a disqualifying event. Ohio Rev. Code Ann. § 2151.356(C)(1).	Records relating to an adjudication of delinquency can be sealed upon petition, so long as the person is not under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child, at least 18 years of age, and not subject to a disqualifying event. Ohio Rev. Code Ann. § 2151.356(C)(1).	Sealed records relating to a juvenile delinquency matter will be expunged on the earlier of five years after the court issues a sealing order or upon the 23rd birthday of the person who is the subject of the sealing order. Ohio Rev. Code Ann. § 2151.358(A).	Sealed records relating to a juvenile delinquency matter can be expunged upon petition, if the court finds that the person has been rehabilitated to a satisfactory degree. Ohio Rev. Code Ann. § 2151.358(B).	Records relating to an adjudication for solicitation, loitering to engage in solicitation, or prostitution can be expunged upon petition, so long as the person's participation in the act was a result of the person having been a victim of human trafficking. Ohio Rev. Code Ann. § 2151.358(E).	Records relating to a felony conviction may be sealed three years after the person's final discharge, so long as the person has no more than one felony conviction. The court may determine that two or three convictions resulting from criminal acts that were committed within a three-month period should be counted as one conviction. Ohio Rev. Code Ann. §§ 2953.32, 2953.31.	Records relating to a misdemeanor conviction may be sealed one year after the person's final discharge. The court may determine that two or three convictions resulting from criminal acts that were committed within a three-month period should be counted as one conviction. Ohio Rev. Code Ann. §§ 2953.32, 2953.31. See section 2953.31 for the definition of "eligible offender" and section 2953.36 for offenses ineligible for clearance.	Records relating to a felony of the third degree can be sealed by the court. ORC Ann. §§ 2953.32, 2953.31.	Records relating to a case in which a court enters a judgment that vacates and sets aside the conviction of a person because of DNA testing that was performed under sections 2953.71 to 2953.81 of the Revised Code can be sealed by the court. ORC Ann. 2953.57(A).	Records relating to a case dismissed upon the successful completion of intervention in lieu of conviction can be sealed by the court. Ohio Rev. Code Ann. § 2951.041(E).
Ineligible Category or Citation	This statute applies only to offenses specified in articles 220 or 221 of the penal law or section 410.91(5) of the criminal procedure law. If the court conditionally seals the record following the judicially sanctioned drug treatment program, it may also conditionally seal records for no more than three of the defendant's prior eligible misdemeanors, as defined in articles 220 or 221 of the penal law. N.Y. Crim. Proc. Law § 160.58(1), (2).	This provision applies only to violations of section 1192 of the vehicle and traffic law and section 49-b of the navigation law. N.Y. Crim. Proc. Law § 160.55(5)(a).	This provision applies only to violations of sections 1192-a or 1194-aof the vehicle and traffic law, and section 49-b of the navigation law that occur when a person is under the age of 21. N.Y. Crim. Proc. Law § 160.55(5)(b).	Where an eligible youth is convicted of two or more crimes set forth in separate counts of an accusatory instrument, or set forth in two or more accusatory instruments consolidated for trial purposes, the court must not find them a youthful offender with respect to any such conviction pursuant to N.Y. Crim. Proc. Law § 720.20(1) unless it finds them a youthful offender with respect to all such convictions. N.Y. Crim. Proc. Law § 720.20(2).	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	See section 2953.43 for offenses ineligible for clearance.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	Adjudications for aggravated murder, murder, or rape cannot be expunged. Ohio Rev. Code Ann. § 2151.356(A). The person is ineligible for sealing in this column if the person is under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child. Ohio Rev. Code Ann. § 2151.356(C)(1).	Adjudications for aggravated murder, murder, or rape cannot be expunged. Ohio Rev. Code Ann. § 2151.356(A). The person is ineligible for sealing in this column if the person is under the jurisdiction of the court in relation to a complaint alleging the person to be a delinquent child. Ohio Rev. Code Ann. § 2151.356(C)(1).	If the juvenile court is notified by any party in a civil action that a civil action has been filed based on a case the records for which are the subject of a sealing order, the juvenile court shall not expunge a record sealed under section 2151.356 until the civil action has been resolved and is not subject to further appellate review, at which time the records shall be expunged pursuant to division (A) of this section. Ohio Rev. Code Ann. § 2151.358(C).	If the juvenile court is notified by any party in a civil action that a civil action has been filed based on a case the records for which are the subject of a sealing order, the juvenile court shall not expunge a record sealed under section 2151.356 until the civil action has been resolved and is not subject to further appellate review, at which time the records shall be expunged pursuant to division (A) of this section. Ohio Rev. Code Ann. § 2151.358(C).	There is no statutory language regarding ineligible offenses.	See section 2953.31 for the definition of "eligible offender" and section 2953.61 for offenses ineligible for clearance.	See section 2953.31 for the definition of "eligible offender" and section 2953.36 for offenses ineligible for clearance.	See ORC Ann. § 2953.32 for offenses ineligible for clearance.	Only cases in which DNA testing was performed under sections 2953.71 to 2953.81 of the Revised Code are eligible for clearance. ORC Ann. 2953.57(A).	There is no statutory language regarding ineligible offenses.
Clearance Process	By petition or court's own motion	Automatic	Automatic	Petition-based	Automatic	Petition-based	Petition-based	Automatic	Automatic	Automatic	Petition-based	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based
Waiting Periods	The petition can be filed upon completion of drug treatment.	The record is sealed when the person reaches age 21 or three years from the date of the offense, whichever is the greater period of time.	The record is sealed when the person reaches age 21 or three years from the date of the offense, whichever is the greater period of time.	The person may apply five years after sentencing.	There is no waiting period.	The petition can be filed two years after the date on which the grand jury reports a no bill.	The petition may be filed one year after final discharge.	The records should be sealed immediately.	The records should be sealed immediately.	The records should be sealed immediately.	A petition can be filed if the person is under 18 years old and six months have elapsed since the termination of any order made in relation to the adjudication, the unconditional discharge from a dispositional order or from an institution or facility, or a court order declaring that the person is no longer a juvenile offender registrant.	A petition can be filed if the person is at least 18 years old and after the later of the following have occurred: the termination of any order made in relation to the adjudication, the unconditional discharge from a dispositional order or from an institution or facility, or a court order declaring that the person is no longer a juvenile offender registrant.	The record should be expunged five years after the sealing order or when the person turns 23, whichever is earlier.	A petition can be filed at any time after the records have been sealed.	A petition can be filed at any time.	The petition can be filed three years after the final discharge. Ohio Rev. Code Ann. § 2953.32(A)(1).	The petition can be filed one year after final discharge. Ohio Rev. Code Ann. § 2953.32(A)(1).	The petition may be filed three years after final discharge.	There is no waiting period.	There is no statutory language regarding any waiting period.
Fees	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	The petitioner shall pay $50, unless indigent. ORC Ann.§ 2953.32(C)(3).	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no filing fee. Ohio Rev. Code Ann. § 2151.356(C)(1).	There is no filing fee. Ohio Rev. Code Ann. § 2151.356(C)(1).	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	The petitioner must pay $50, unless indigent. ORC Ann. 2953.32.	The petitioner must pay $50, unless indigent. ORC Ann. 2953.32.	The petitioner shall pay $50, unless indigent. ORC Ann.§ 2953.32(C)(3).	There is no statutory language on fees.	The petitioner must pay $50, unless indigent. ORC Ann. 2953.32.
Effect	Records of arrest and prosecution are sealed and made unavailable to any person or agency, except for specified entities. The state Division of Criminal Justice Services retains fingerprints, palm prints, photographs, or digital images. Records are unsealed in the event of a subsequent arrest or charge. N.Y. Crim. Proc. Law § § 160.58(4)-(6), (8)	Photographs, palmprints, and fingerprints are destroyed or returned, with exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 160.50(1)(a)-(c).	Photographs, palmprints, and fingerprints are destroyed or returned, with exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 160.50(1)(a)-(c).	Upon determining that an eligible youth is a youthful offender, the court must direct that the conviction be deemed vacated and replaced by a youthful offender finding; and the court must sentence the defendant pursuant to section 60.02 of the penal law. N.Y. Crim. Proc. Law § 720.20(3).	The court shall enter an order sealing the appropriate records. N.Y. Fam. Ct. Act § 375.2(7)	The proceedings in the case are deemed not to have occurred. The person cannot be questioned about sealed records, and if the person is questioned, the person can reply that the arrest and proceedings did not occur. ORC Ann. 2953.33(B)(4).	The proceedings in the case are deemed not to have occurred. The person may not be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See ORC Ann. section 2953.32(D) for circumstances where record inspection is allowed. ORC Ann. § 2953.32 et seq.	The records sealed will not include fingerprints, DNA specimens, and DNA records. Ohio Rev. Code Ann. § 2151.356(B)(1)(2). The person who is subject of the sealing order properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. For further information about the effect of sealing, see Ohio Rev. Code Ann. § 2151.357.	The records sealed will not include fingerprints, DNA specimens, and DNA records. Ohio Rev. Code Ann. § 2151.356(B)(1)(2). The person who is subject of the sealing order properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. For further information about the effect of sealing, see Ohio Rev. Code Ann. § 2151.357.	The records sealed will not include fingerprints, DNA specimens, and DNA records. Ohio Rev. Code Ann. § 2151.356(B)(1)(2). The person who is subject of the sealing order properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. For further information about the effect of sealing, see Ohio Rev. Code Ann. § 2151.357.	The records sealed will not include fingerprints, DNA specimens, and DNA records. Ohio Rev. Code Ann. § 2151.356(B)(1)(2). The person who is subject of the sealing order properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. For further information about the effect of sealing, see Ohio Rev. Code Ann. § 2151.357.	The records sealed will not include fingerprints, DNA specimens, and DNA records. Ohio Rev. Code Ann. § 2151.356(B)(1)(2). The person who is subject of the sealing order properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. For further information about the effect of sealing, see Ohio Rev. Code Ann. § 2151.357.	After the records have been expunged under this section, the person who is the subject of the expunged records properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. Ohio Rev. Code Ann. § 2151.358(F).	After the records have been expunged under this section, the person who is the subject of the expunged records properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. Ohio Rev. Code Ann. § 2151.358(F).	After the records have been expunged under this section, the person who is the subject of the expunged records properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. Ohio Rev. Code Ann. § 2151.358(F).	The proceedings in the case are deemed not to have occurred. The person cannot be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See section 2953.32(D) for circumstances where record inspection is allowed. Ohio Rev. Code Ann. §§ 2953.32 et seq.	The proceedings in the case are deemed not to have occurred. The person cannot be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See section 2953.32(D) for the circumstances where record inspection is allowed. Ohio Rev. Code Ann. § 2953.32 et seq.	The proceedings in the case are deemed not to have occurred. The person may not be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See ORC Ann. section 2953.32(D) for circumstances where record inspection is allowed. ORC Ann. § 2953.32 et seq.	No statutory language.	The proceedings in the case are deemed not to have occurred. The person may not be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See section 2953.32(D) for the circumstances where record inspection is allowed. Ohio Rev. Code Ann. §§ 2953.32 et seq.
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The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.