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Application to Seal A Criminal Record Pursuant To ORC Section 2953.32 - Ohio
| Application to Seal A Criminal Record Pursuant To ORC Section 2953.32 Form. This is a Ohio form and can be used in Criminal Cleveland Heights City (Municipal Court) . |
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What is E xpungement/ Sealing o f Reco rd? Expun gemen t is the sam e as seal ing a record. It i s a court process that all ows you to have any and al l references t o a prior crimin al conviction cleared and your c ourt file sealed. It is as if you were never convicted of the crime. Why Get an Ex pungement? When you apply f or some jobs, apar tments and l icenses the peo ple reviewing yo ur ap plication might look at your crimi nal record. If you have a convi ction on your record, it is unlikel y that yo u will be chosen f or th e job , given the apartment to rent or a llowed to g et a license. When you app ear as a witness in court, they will ask about you r past cri mi nal record. If you have a conviction, they may be unlikel y to believe that your testi mony is t rue. Once yo ur re cord is e xpunge d, no th ing will sh ow up when yo ur re cord is checked. After expungem ent is f inished, when asked about your past crim inalrecord, you can honestly say th at you have none. You can act as i f the arrest and conviction never took p lace. However, even i f your record is sealed: 1. Law enfor cement agencies, pro secutors and other agenc ies can loo k at you r sea led reco rd; a nd 2. If you commit another crime, your seal ed record can stil l be used agai nst you i n sentenci ng. WARN ING: By co mpleting the fo rm atta ched, you ar e ser ving as yo ur ow n attor ney. The purpose o f this pac ket is to he lp you re pres ent yourself i n thi s expungement . In no way is any l egal servi ce office re pres enting you in this a ction. N o atto rney/c lient relationship has been created a nd this material i s not to be considered legal advice 1 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 Can I Get My Reco rd Expunged ? If all of the fo llowing six statemen ts ar e true f or yo ur situation , you w ill be ab le to reque st an exp ungement: 1. The convi ction you are tryi ng to expunge i s NOT for one of the crimes or categories of cri mes li sted below. (Convicti ons of the crimes l isted CANN OT be sealed) " rape (O RC 2907.02) " sexual battery (ORC 2907. 03) " corr upting a minor (ORC 2907.04) " gross sexual impositi on (ORC 2907.0 5) " sexual impositi on (ORC 2907.0 6) " obscenity involvi ng a minor (ORC 2907. 321) " porno graphy involving a minor (ORC 2907.322) " illegal use of a minor in porno graphy (O RC 2907.323) " all drivers license violations (ORC Chapter 4507) " motor vehicle violati ons (ORC Chap ter 4511) " bail forfeitures in traffic cases (Traffic Rule 2) " misdemean ors of the firs t degr ee or felonies wher e the victim is under the age of 18 " felonies of the first or second degree " offenses of violence that are misdemeanor s of the first degr ee or feloni es, this inc ludes Domes tic V iole nce a s of 3/ 23/2000 (Excepti ons to the above offenses that CAN BE expunged: convi ctions for r iot (2917. 03); and misdemean or c onvictions fo r As sault (2903 .13); inciti ng to violence (2917.01); and, inducing panic (2917.31) If you dont know the cri me for which you were convict ed, check wi th the Cl erk of Courts. Remember your case was Crimi nal , so be sure t o menti on thi s to the c lerk . Also you ca n look up criminal histories o n the co urt Int ernet s ite at www.clevelandheightsc ourt. com. If your convicti on was before 1991 yo u will have to do a manual search of the do cket books to det ermi ne you r case num ber. 2. You were NOT subj ect to a mand ator y priso n term fo r the convi cti on you se ek to ex punge ( in other words, y ou were 2 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 elig ible for proba tio n f or th at conv ict ion). Ev en if y ou we re ac tu ally sentenc ed to priso n timeas long as yo u were eligible for pr obat ion. 3. This was your FIRST and only conviction. You have never been convicted of the s ame cr ime or a ny other crime in this or any other state. UNLESS: a) You were convict ed of two or more crimes based upon the same acti on. In th at ca se , a ll of t hese convict ion will be cons idere d y our f irs t a nd all can be erased from your record. For e xample , if you were convi cted of shopli ftin g and resisti ng arrest as a result of the shopl ifting, you may be able to get both records sealed. b) Your othe r convi cti ons are for mi nor mi sdemean ors. Min or misdeme anors, incl uding most traff ic offen ses, do not count as crimi nal convictions . Thes e char ges s hould no t pre vent you f rom h aving your record sealed. K 4. You were c onvi cted of a m isde meanor and more than one year has pass ed since yo ur final discha rge, or you wer e convicte d of a felony and more than three years have pa ssed since your final discharge. FI NAL D IS CHAR GE me an s c om pletio n o f a ll par ts of th e s en te nce a s w ell as jail t ime and/ or probation. K The pr oba tion d epar tment M UST sign the first pa ge of the form BE FORE filing i t with the co urt 1. You currently do not ha ve any cr iminal or traff ic proceedings including DUI convi ction or had any other case NOTICE: Even if all six of the ab ove stat emen ts are tru e for you, t he Judg e can s till refuse to se al your r ecor d. You must convince t he Judg e that yo u have b een reh abilitated and that it i s fair to seal your record. 3 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 4 Steps You Must Follow to Get Your Record Sealed 1) You nee d a copy of th e final order on the convi cti on you wish to have sealed. Co ntact the Clerks office in the court i n which you w ere convi cted. Re membe r, your c ase wa s criminal so be s ure to go to the appropriate part of the offi ce. Request a certif ied copy of the Judgment Order of Convicti on. (There is a two-dol lar fee fo r this co py.) Y ou will need to g ive the clerk yo ur case number. If you do not know the nu mber you can locate it o n the Co urt co mputer system o r the I nternet . 2) Fill in the blanks on the form included in this packet called Application for Expun gement. AT LEAST ONE YEAR FROM THE TERMI NATION OF YOUR PROBATION MUST HA VE PASSED. The Pro bati on de partm ent M UST sign your applic ation be fore fi ling it with the Court. 3) To ap ply to ha ve yo ur re cord se ale d, yo u will have to pay $75.00 to the C ourt on a c onviction; or $25.00 for a case that was dismi ssed. (See special form f or c ases t hat wer e dismissed ; you ca n file this anytime after the di smissal or not guil ty fi nding.) 4)
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