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Expungement
What is Expungement/Sealing of Record?
Expungement is the same as sealing a record. It is a court process that allows you to have any and all reference to a prior criminal conviction cleared and your court file sealed. It is just as if you were never convicted of the crime.
Why Get an Expungement?
When you apply for some jobs, apartments, and licenses, the people reviewing your application might look at your criminal record. If you have a conviction on your record, it is unlikely that you will be chosen for the job, given the apartment to rent, or allowed to get a license.
When you appear as witness in court, they will ask about your past criminal record. If you have a conviction, they are unlikely to believe that your testimony is true.
Once your record is expunged, nothing will show up when your record is checked. After
expungement is finished, when asked about your past criminal record, you can honestly say that you have none. You can act as if the arrest and conviction never took place.
However, even if your record is sealed:
(1)
law enforcement agencies, prosecutors, and other agencies can look at your sealed record; and
(2)
if you commit another crime, your sealed record can still be used against your in sentencing.
Who Can File For An Expungement?
Only if you have been convicted will you need to get your record "expunged". If you were arrested, but never convicted, you will not need to file. .
Can I Get My Record Expunged?
If all of the following six statements are true for your situation, you will be able to get an expungement:
1) The conviction you are trying to expunge is
NOT
for one of the crimes or categories of crimes listed. (Convictions of the crimes listed
CANNOT
be sealed.)
If you don't know the crime for which you were convicted, contact the Clerk of the Courts. Remember your case was "criminal", so be sure to go to the appropriate part of the Clerk's office. Request a certified copy of the Judgment Order of Conviction(s). You will need to give the Clerk your case number. If you do not have the number, ask the Clerk for assistance. For a small fee (one or two dollars), the Clerk will give you a copy. If the Judgment Order of Conviction mentions one of the crimes listed below, you cannot get your record sealed.
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rape (ORC §2907.02)
*
sexual battery (ORC §2907.03)
*
corrupting a minor (ORC §2907.04)
*
gross sexual imposition (ORC §2907.05)
*
sexual imposition (ORC §2907.06)
*
obscenity involving a minor (ORC §2907.321)
*
pornography involving a minor (ORC §2907.322)
*
illegal use of a minor in pornography (ORC §2907.323)
*
all driver's license violations (ORC Chapter 4507)
*
motor vehicle violations (ORC Chapter 4511)
*
bail forfeitures in traffic cases (Traffic Rule 2)
*
misdemeanors of first degree or felonies where victim is under the age of 18
*
felonies of the first or second degree
*
offenses of violence that are misdemeanors of first degree or felonies
(except the following offenses of violence can be expunged: convictions for riot (2917.03) and misdemeanor convictions for assault (2903.13), inciting to violence (2917.01), and inducing panic (2917.31))
2) You were
NOT
subject to a mandatory prison term for the conviction you seek to expunge (in other words, you were eligible for probation for that conviction). Even if you were actually sentenced to prison time as long as you were eligible for probation.
3) This was your first and only conviction. You have never convicted of the same crime or any other crime in this or any other state.
UNLESS:
a) You were convicted of two or more crimes based upon the same action. In that case, all of these convictions will be considered your first and all can be erased from your record. For example, if you were convicted of shoplifting and resisting arrest as a result of the shoplifting, you can get both records sealed.
OR
b) Your other convictions are for minor misdemeanors. Minor misdemeanors, including most traffic offenses, do not count as criminal convictions. These charges should not prevent you from having your record sealed.
4) You were convicted of a misdemeanor and more than one year has passed since your "final discharge", or you were convicted of a felony and more than three years have passed since your "final discharge". Final discharge means completion of jail time and/or probation.
5) You currently do not have any criminal or traffic proceedings pending against you.
6) You have not had any other case expunged.
Even if all of these six statements are true for you, the Judge can still refuse to seal your record. You must convince the Judge that you have been rehabilitated and that it is fair to seal your record.
Steps You Must Follow to Get Your Record Sealed
1) You need a copy of the final order of the conviction you wish to have sealed. (Contact the Clerk of Courts, criminal division, to get a certified copy of the Judgment Order of Conviction(s). You will need your case number and for a small fee ($1.00/page) the clerk will give you a certified copy.)
2) You will need to fill out two forms:
(a)
Application for Sealing of a Criminal Record Pursuant to ORC §2953.32.
(b)
Judgment Entry for Sealing.
3) To apply to have your record sealed, you will have to pay $50 to the Court plus a processing fee of $25.00. If you cannot pay the fee, fill out the form called "Poverty Affidavit". When completing this form, follow the instructions provided. If you do not complete this form, be prepared to pay the $50 fees.
4) After the forms are filled out, attach the "Judgment Order of Conviction" to the "Application for Sealing of a Criminal Record". Make three (3) copies of everything. Take the original and the three copies of the "Application for Sealing of a Criminal Record" and the "Poverty Affidavit" or the $50 fee to the Clerk of Court in the Court where you were convicted. (DO NOT file the "Judgment Entry" - bring this completed form with you to the hearing.) Tell the Clerk that you would like to file your documents. The Clerk will take all copies, stamp them, and give one copy back to you.
KEEP THIS COPY!
You will need it later.
5) The Court will set your case for a hearing. You will be notified by mail of the date set for the hearing. Mark the date on your calendar and don't forget about it.
6) Before the hearing date, prepare what you will say to the Judge. You must convince the Judge that you are no longer someone who would commit a crime (you have been rehabilitated).
7)
On the day of your hearing, show up at the Court on time and dressed neatly and cleanly. Be respectful and courteous to the Judge and Prosecutor. Tell the Judge that you want to have your criminal record sealed, explain the charges you wish to erase from your record and that the proper time has passed. The Prosecutor will be given the chance to object to your request.
8) The Judge must make a decision weighing your interests in having the records sealed against the government's need to keep these records. The Judge may give a decision in Court or take time to think about the case and make a decision later. If no decision is made in Court, a copy of the decision will be mailed to you. Make sure the Court has your current address!
Checklist for Your Expungement
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Obtain a copy of your Judgment Order of Your Conviction(s).
*
Fill out the forms and read them over to make sure they are complete.
*
Make two copies of your completed papers.
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Get your "Poverty Affidavit" notarized. If you are not using the Affidavit, be prepared to pay the
$50 filing fee.
*
Take your forms to the Clerk's office and file them. Make sure the Clerk gives one copy back to you. Keep it.
*
Go to court on the day of your hearing. Get there early and dress neatly.
For more information or to schedule an appointment with the Probation Officer
call (330) 971-8259.
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