Statute
Ohio R.C. 2953.36
Survivors of trafficking in Ohio may petition to expunge a wide range of records, following a conviction for a prostitution-related offense. If a survivor has been convicted of soliciting, loitering, or prostitution, they can then apply to expunge the record of that and any other conviction, except for aggravated murder, murder, or rape. Survivors must demonstrate that these offenses were committed as a result of being a victim of trafficking. If a survivor has been convicted of a misdemeanor or felony of the fourth or fifth degree, they must show by clear and convincing evidence that their participation was a result of them being a victim of human trafficking
Courts can consider the seriousness of the offense, relative degree of physical harm done to any person, and length of time since commission of the subject offense to determine whether interests of the victim outweigh any legitimate needs of government to maintain records of conviction.
Unfortunately, a hearing is always required in Ohio. Prosecutors are permitted to raise objections before trial, but the court can grant relief in spite of these objections. Also, survivors must pay a filing fee of $50 unless they can show they cannot afford it.
If the court expunges a conviction, the criminal proceedings are considered not to have occurred. The record of the conviction shall not be used for any purpose, including, but not limited to, a criminal records check. Survivors who have had convictions expunged can answer that no record exists if asked.
Ohio R.C. 2953.521
Survivors can expunge records of not guilty findings and dismissed charges for sex trafficking victims and can be filed at any time.
Updated Jan 2025
Ohio State-Specific Resources
Ohio Justice and Policy Center- Can I seal my criminal record?