A drug charge often belongs to a chapter of life a person has worked hard to close. Years later, after treatment, steady work, and a routine rebuilt from scratch, the old case can still surface on a background screen in Franklin County and speak louder than all the progress made since.
The encouraging part is that Ohio law has grown far more open to clearing these records, and drug cases in particular have routes that other offenses simply do not. The harder part is that the outcome depends heavily on the exact charge, and small differences decide whether a case can be wiped away or stays for good.
This guide explains which drug charges can be sealed or expunged in Franklin County, how possession and trafficking are treated differently, what the recent marijuana changes mean for old convictions, and the treatment-based path that can clear a case without a conviction at all. For the full overview of how record sealing works across every offense, see our guide to record sealing and expungement in Franklin County.
Which Drug Charges Can Be Sealed or Expunged in Ohio?
The answer turns almost entirely on the level of the offense. Since a 2025 change to Ohio’s sealing law, there is no limit on the number of fourth and fifth-degree felonies or misdemeanors you can clear, and up to two third-degree felonies may qualify. The most serious drug felonies stay off the table. The table below shows the general picture.
| Drug offense level | Can it be sealed? |
| Misdemeanor possession | Yes |
| Fifth or fourth-degree felony | Yes, with no limit on the number |
| Third-degree felony | Yes, up to two, if the rest of the record qualifies |
| First or second-degree felony | No |
| Any offense carrying a mandatory prison term | No |
The split between what qualifies and what does not usually comes down to the difference between possession and trafficking.
Possession Charges
Possession under Revised Code 2925.11 means having a controlled substance for personal use, and it ranges from a minor misdemeanor to a first-degree felony depending on the drug and the amount.
The lower-level cases, the fourth and fifth-degree felonies and misdemeanors that make up most drug possession charges, are generally eligible once the waiting period passes. Our guide to drug possession charges in Franklin County explains how those cases are charged and defended.
Trafficking Charges
Trafficking under Revised Code 2925.03 is treated far more harshly, and it often carries a mandatory prison term that ends any chance of sealing. Higher-level trafficking is charged as a first or second-degree felony, and a Major Drug Offender finding forces the maximum first-degree sentence, none of which can be cleared.
Lower-level trafficking without a mandatory term may still qualify, though the line is thin, since a case can be filed as trafficking based on quantity alone. The Meade Law Group breaks down that distinction in its guide to drug charges from possession to trafficking.
What Happened to Marijuana Convictions After Legalization?
A common assumption is that legal marijuana automatically erased old marijuana cases. It did not. When Ohio voters approved recreational marijuana in 2023, the change did not reach backward, so a conviction from before then stayed on the record.
That shifted with Senate Bill 56, signed at the end of 2025 and effective in 2026, which created a dedicated pathway under Revised Code 2953.321 to expunge certain older marijuana and hashish possession convictions. In general, the pathway reaches:
- Possession of now-legal amounts: Marijuana possession convictions for quantities that adults can lawfully possess today.
- Low-level hashish offenses: Hashish possession involving roughly fifteen grams or less.
- Older cases only: Convictions entered before the new law took effect.
The relief is not automatic. You still file an application with the court that handled the case and pay a modest fee, and a judge makes the final call.
For anyone whose only obstacle is an old marijuana charge, this route is often the cleanest option available. The Franklin County Law Library keeps a public guide to marijuana record relief that follows the current rules.
Clearing a Drug Charge Without a Conviction: Intervention in Place of Conviction
Not every drug case has to end in a conviction that later needs sealing. Ohio offers a treatment-focused route that, when it succeeds, leaves no conviction to clear in the first place.
How ILC Leads to a Sealed Record
Intervention in lieu of conviction, authorized by Revised Code 2951.041, pauses a case while the person completes court-supervised treatment. On successful completion, the court dismisses the charge instead of entering a conviction. That dismissed record can then be sealed, usually without the longer wait a conviction requires, which is why ILC is one of the strongest results available in a drug case.
Who Qualifies for ILC
ILC is aimed at lower-level cases where drug or alcohol use drove the offense, and a court weighs several things before granting it:
- Offense level: Usually a fourth or fifth-degree felony, not a higher-level charge.
- A treatment need: A clinical assessment has to show that addiction or substance use was a factor and that treatment is appropriate.
- A qualifying record: The applicant generally cannot carry disqualifying prior felonies, and offenses involving violence, sex, or a mandatory prison term are excluded.
The decision is discretionary; the prosecutor’s position carries real weight, and judges across Franklin County differ in how readily they grant it.
When a Prosecutor Can Seal a Low-Level Drug Charge for You
One route surprises people, because it does not require them to start anything. Under Revised Code 2953.39, a prosecutor can file a motion to seal or expunge a low-level controlled substance offense, such as a fourth-degree misdemeanor, a minor misdemeanor, or a violation of a local ordinance.
It is not something to rely on, but when a prosecutor does initiate it, the effect for the person is the same as a granted petition, and it can move more quickly than a case filed on your own.
What Sealing a Drug Charge Gives Back
A drug conviction reaches into parts of life that have nothing to do with the original case, which is what makes clearing it worth the effort.
- Firearm eligibility: A felony drug conviction creates a firearms bar under Ohio law, and clearing the case is one step toward restoring that right, though gun rights run on their own track covered in our guide to what a sealed record actually means.
- Professional licensing: Boards in health care, education, and skilled trades routinely screen for drug convictions, and sealing removes the case from that review in most situations.
- Employment and housing: A sealed drug case no longer appears on the standard background checks that employers and landlords run.
Sealing a Drug Charge in Franklin County
Where and how you seek relief depends on the court that handled the case, and Franklin County has resources built specifically for drug-related matters.
Where to File and What to Expect
A misdemeanor drug case runs through the Franklin County Municipal Court, while a felony case goes to the Franklin County Court of Common Pleas. The felony process, from filing through the prosecutor’s response and a hearing, follows the same path described in our guide to sealing or expunging a felony in Franklin County. Gathering accurate copies of the conviction and discharge records first keeps the application on track.
Drug Court and Diversion Options
Franklin County offers more than one program that can change whether a case ends in a conviction at all, which in turn shapes how easily it can be cleared later:
- Drug Court dockets: Franklin County Common Pleas runs specialized dockets for drug-related cases.
- ILC assessments through Netcare: Intervention assessments in the county are handled through Netcare, with supervision by the Adult Probation Department.
- Prosecutor diversion: The Franklin County Prosecutor’s Office operates a diversion unit for certain first-time, non-violent cases.
Which of these fits, if any, depends on the charge and your history, and each can shape the record you may later ask the court to seal.
Talk to Marcus A. Ross Law About Clearing a Drug Charge
A drug case can often be cleared, reduced, or kept off the record entirely, but the right move depends on the charge, the timing, and the court. Marcus A. Ross is a Franklin County criminal defense attorney and a former Assistant City Prosecutor who has handled drug cases from both sides of the courtroom.
At Marcus A. Ross Law, our team works to clear the path a drug charge leaves behind:
- Reviewing which charges qualify for sealing, expungement, or the new marijuana pathway.
- Pursuing intervention instead of conviction for eligible clients.
- Filing petitions in the correct Franklin County court and answering any objection.
- Connecting record relief with firearm and license restoration where it applies.
You can see how we handle these cases on our drug charge defense page. Contact Marcus A. Ross and our Franklin County team today.
Frequently Asked Questions
| Question | Answer |
| Can a drug charge that was dismissed or dropped be sealed? | Yes, and non-conviction records like these are among the easiest to clear. A dismissal, a not-guilty finding, or a grand jury’s decision not to indict can usually be sealed with little or no waiting period, since there was no conviction to begin with. |
| Can a federal drug conviction be sealed in Ohio? | No. Ohio sealing reaches only Ohio state records, and a federal conviction is governed by federal law, which offers very limited relief. A state court order does not clear a federal case. |
| If I have drug charges in more than one county, does one application cover them? | No. You file separately in each court that handled a case, so charges from different counties require their own applications. Multiple cases within the same court, however, can often be addressed together. |
| Does sealing a drug charge restore a driver’s license that was suspended? | Not on its own. A license suspension tied to a drug case is handled by the BMV under its own rules, so reinstating driving privileges is a separate step from sealing the criminal record. |
| Is drug paraphernalia a separate charge that has to be sealed too? | Usually, yes. A paraphernalia offense is its own conviction, often a minor misdemeanor, so it should be included when you seek relief. A single application filed in the same court can typically cover both the paraphernalia and the drug charge. |
| Can I seal a drug charge if I still owe court fines? | Not yet. The waiting period does not begin until final discharge, which includes paying all fines, court costs, and restitution. An unpaid balance quietly delays your eligibility until it is cleared. |