Ohio Rev. Code Ann. § 2953.32(A)(1) allows a first offender to seek to have a criminal conviction sealed by a sentencing court at the expiration of three years after the offender's final discharge. A dismissal or not guilty finding can be sealed immediately.

Expungement is an act of grace created by the state, and so is a privilege, not a right. Expungement should be granted only when all requirements for eligibility are met. State v. Hamilton (1996), 75 Ohio St. 3d 636, 639, 665 N.E.2d 669, 672.

If it deems expungement of a criminal record appropriate, the trial court must order all official records pertaining to the case sealed and all index references to the case deleted. Ohio Rev. Code Ann. § 2953.32(C)(2). Upon issuance of the order, the proceedings in the case shall be considered not to have occurred and the conviction of the person who is the subject of the proceedings shall be sealed.

Ohio Statutes §§ 2953.31 et seq. exist to recognize that individuals with a single criminal infraction may be rehabilitated. Offenses that are linked together logically or coherently are considered connected for purposes of determining whether a defendant is a first offender.

However, when different acts resulting in separate convictions are committed at different times, a defendant is not considered a first offender. Further, the fact that the charges against the defendant are disposed of in a single proceeding does not automatically lead to the conclusion that those charges merge into a single offense. See State v. Krantz, 2003 Ohio 4568; 2003 Ohio App. LEXIS 4055

A prior conviction for driving with a suspended licence excludes a defendant from the definition of first offender and therefore renders him ineligible for expungement. See State v. Pantages (Feb. 15, 2001), 2001 Ohio App. LEXIS 560

A conviction of DUI (OVI) bars expungement of the record of a conviction for another criminal offense. State v. Sandlin (1999), 86 Ohio St.3d 165, 168, 712 N.E.2d 740

§ 2953.36. = other convictions not eligible for expungments:

1. If an offender is ineligible for probation, or subject to a mandatory prison term, that offender cannot have his record of conviction sealed.

2. OMVI, OVI, DUI, DUS, Rape, Sexual Battery, Sexual Imposition, Pandering Obscenity Involving a Minor, Traffic Cases, Hit-Skip, Odometer / Serial Tampering, and similar offenses

3. convictions of an offense of violence when the offense is a misdemeanor of the first degree or a felony (except section 2917.03, 2903.13, 2917.01 or 2917.31 (M1))

4. Convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age when the offense is a misdemeanor of the first degree or a felony

5. Convictions of a felony of the first or second degree

6. Bail forfeitures in a traffic case as defined in Traffic Rule 2.