Persons found not guilty or
the criminal charge WAs dismissed

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     The final decision to grant or deny expungement is in the discretion of the judge.  
     
     Ohio Revised Code section 2953.52 provides:  
     
 

A)(1) Any person, who is found not guilty of an offense by a jury or a court or who is the defendant named in a dismissed complaint, indictment, or information, may apply to the court for an order to seal his official records in the case. Except as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the finding of not guilty or the dismissal of the complaint, indictment, or information is entered upon the minutes of the court or the journal, whichever entry occurs first.

(2) Any person, against whom a no bill is entered by a grand jury, may apply to the court for an order to seal his official records in the case. Except as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the expiration of two years after the date on which the foreman or deputy foreman of the grand jury reports to the court that the grand jury has reported a no bill.

  
     Please note that even though a criminal record has been expunged pursuant to Ohio Revised Code section 2953.52, it may still be used as specified in Ohio Revised Code section 2953.53 & 2953.54.