Fill and Sign the Ohio Expungement Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF OHIO EXPUNGEMENT OF CRIMINAL RECORDS Control Number – OH - EXPCRI - 01 Page 1 of 7 NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances the form field and the line will disappear after information is entered. In other cases it will not. This is appropriate and the way the form is designed to function. Page 2 of 7 DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Ohio. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Page 3 of 7 I. EXPLANATION OF PETITION FOR AN EXPUNGEMENT OF CRIMINAL RECORDS A. In Ohio, an Application for Expungement or Sealing of Criminal Records in Ohio shall be made to the sentencing court if a first offender, or to a court of common pleas if convicted in another state or in a federal court. Any person who was arrested for a misdemeanor and affected a bail forfeiture may apply to the court where the charges were pending when bail was forfeited. The forms in this packet include the necessary information for an Expungement of Criminal Records in the State of Ohio. B. You can use this packet if: 1. For sealing of records of a conviction or bail forfeiture, if: a. For felonies, 3 years have elapsed since the defendant’s final discharge. b. For a misdemeanor, 1 year has elapsed since the defendant’s final discharge. 2. For the sealing of records after not guilty finding, dismissal of proceedings or no bill, if: a. 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. b. When a no true bill has been issued by the grand jury, 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. C. You may not use this packet for sealing of the records of a conviction, if: 1. Convictions when the offender is subject to a mandatory prison term; 2. Convictions under section 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.321 [2907.32.1], 2907.322 [2907.32.2], or 2907.323 [2907.32.3], former section 2907.12, or Chapter 4507., 4511., or 4549., of the Revised Code, or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters; 3. Convictions of an offense of violence when the offense is a misdemeanor of the first degree or a felony and when the offense is not a violation of section 2917.03 of the Revised Code and is not a violation of section 2903.13, 2917.01 or 2917.31 of the Revised Code that is a misdemeanor of the first degree; 4. Convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age when the offense is a misdemeanor of the first degree or a Page 4 of 7 felony; 5. Convictions of a felony of the first or second degree; 6. Bail forfeitures in a traffic case as defined in Traffic Rule 2. II. WHAT FORMS ARE INCLUDED A. Application for Expungement and Sealing of Conviction B. Entry Granting Application to Expunge and Seal Conviction Record C. Application for Entry Sealing Record of Arrest (Non-Conviction) D. Entry Granting Application for Entry Sealing Record of Arrest Forms A and B are for use in expunging and sealing the records of an arrest. Forms C and D are for sealing the record of arrest (Non-Conviction). Complete the appropriate forms and file in the appropriate court. The filing fee is $50.00 Note: This package contains forms for use throughout your State. However, some Counties, or Judges may require a different form, or modification to these forms. If this happens, please consult with your local Court Clerk. If you are required to use additional forms, please advise us by sending an e-mail to orders@uslegalforms.com. III. PROCEDURE FOR AN EXPUNGEMENT OF CRIMINAL RECORDS IN THE STATE OF OHIO A. Preliminary Note: 1. The attached forms may be completed by: a. Printing the forms and completing by hand. Use black ink and print neatly. b. Printing the forms and completing using a typewriter. c. By completing the forms on your computer using a word processing program and then printing the forms. 2. Use complete names and not initials. Check your spelling carefully, a misspelled word can delay your name change. 3. Print three (3) complete sets of forms. 4. All forms with a heading – the name of the court, the Petitioner’s name, the case number, and the name of the document – require that the heading be completed. You will need to add the name of the court and the full name of the Petitioner. The “Action/Cause No.” will be assigned by the court clerk at the time of filing. Page 5 of 7 5. Forms that require your signature and include a notary block MUST be signed in the presence of the notary or court clerk who will complete the acknowledgement. Use your complete name – first name, middle name, last name. 6. When a form is filed with the court, request the clerk “file-stamp” one copy of the form for your file. 7. A Law Summary is available and can be printed for your State. To do so, go to the end of this package and select the Law Summary link under the form title and print. Review the Law Summary before beginning the process of completing the forms. B. Procedure Step 1: Complete all the forms using complete names – middle names instead of middle initials. Step 2: File the Petition in the sentencing court, or the court of common pleas if the conviction was federal or in another state, in the county in which you have been a resident and pay the appropriate fee. Step 3: After the Petition is filed, a hearing date will be set and the prosecuting attorney will be advised of the Petition. The prosecuting attorney will then have an opportunity to file objections to the Petition. Step 4: Appear as directed by the Clerk and present the Order to Court. At the hearing, any persons objecting to the requested Expungement will be heard by the Court; and the Court may examine, upon oath, the Petitioner(s) or other persons concerning the Petition. Step 5: After the hearing, the Court will consider the Petition and the objections of the prosecutor, if any, and make a determination. If the Petition is approved, the appropriate Entry will be signed by the Court. Step 6: Obtain a certified copy of the Order from the Clerk after it has been signed by the Judge. You are now ready to notify appropriate persons and governmental agencies of the change. Page 6 of 7 _________________ COUNTY _______________ COURT Criminal Division ______________ County, Ohio ___________________________ CASE NO. IN RE: THE APPLICATION OF APPLICATION FOR EXPUNGEMENT AND SEALING OF CONVICTION       RECORD PURSUANT TO R.C. 2953.32 ___________________________ COMES NOW the Petitioner seeking An Order of Expungement pursuant to Ohio Revised Code §2953.32 and respectfully states under oath as follows: A. Preliminary Facts 1. Petitioner's: Full Name:       Name used at time of arrest:       Sex: Male Female Race:       Date of Birth       (day/month/year) Driver's License Number:       Social Security Number:       2. The offense charged against the Petitioner:       3. The date the offense charged against the Petitioner was alleged to have been committed:       (day/month/year) 4. The date the Petitioner was arrested:       (day/month/year) Application for Expungement and Sealing of Conviction Record Page 1 of 3 5. The name of the county where the Petitioner was arrested and if the arrest occurred in a municipality, the name of the municipality:       County       Municipality (if applicable); 6. The name of the agency that arrested the Petitioner:       7. The case number and court of offense Case No:       Court:       8. Final disposition of the criminal charge was on:       (day/month/year) 9. Petitioner was sentenced by the Court to:       B. Basis for Expunction 1. Petitioner is eligible for expungement of convictions and/or criminal records under the provisions of: R.C. § 2953.32(A)(1) in that the Petitioner has only one conviction as defined in R.C. §2953.31 and a period of one year (Misdemeanor) or three (Felony)has expired since the conviction sought to be expunged. OR R.C. § 2953.32(A)(2) in that Petitioner was arrested for a Misdemeanor and affected a bond forfeiture and a period of one year has expired since the entry of the bail forfeiture upon the minutes of the court or journal. 2. The Petitioner was: Application for Expungement and Sealing of Conviction Record Page 2 of 3 Convicted and sentenced to       . The Petitioner was released from       after serving       years and was placed on parole probation (select one). He/She completed all conditions of his/her sentence and or conditional release (parole or probation) on:       (month/day/year); 3. The Defendant would show unto the Court that he/she has: no prior criminal record other than the charge which is the subject of this Petition, or a prior criminal record as follows:       4. The Petitioner would further show that the Petitioner has been rehabilitated and that the interests of the applicant in having the records pertaining to his conviction sealed are not outweighed by any legitimate governmental needs to maintain such records. 3. Petitioner would suggest that it would best serve the interest of justice that this motion be sustained and that the maintenance of records of the Petitioner’s arrest and disposition of this cause would serve no function as a police investigative tool; and that the maintenance of said police records would invade the Defendant's right to privacy, due process and equal protection. Signature of Petitioner       Print/Type Full Name STATE OF       COUNTY OF       This instrument was acknowledged to me on _________________ (date) by _________________ (name) . _____________________________________ Notary Public, State of My Commission expires Application for Expungement and Sealing of Conviction Record Page 3 of 3 _________________ COUNTY _______________ COURT Criminal Division ______________ County, Ohio ___________________________ CASE NO. ______________ IN RE: THE APPLICATION OF ENTRY GRANTING APPLICATION FOR EXPUNGEMENT AND SEALING       OF MISDEMEANOR CONVICTION RECORD PURSUANT TO R.C. 2953.52 ___________________________ This matter came before the Court on the application of the above named individual for expungement and sealing of applicant's criminal arrest and conviction record. Upon hearing the application, the evidence and arguments of counsel, the Court finds that the applicant has only one conviction as defined in R.C. Section 2953.31, and that one year has expired since applicant's final discharge. The Court further finds that there are no proceedings against applicant, that the applicant's rehabilitation has been attained to the satisfaction of the Court, and that the interests of the applicant in having the records pertaining to his conviction sealed are not outweighed by any legitimate governmental needs to maintain such records. It is, therefore, ordered that all official records pertaining to such case be sealed and except as provided in Revised Code Section (F) of 2953.32 all index references be deleted. It is further ordered that all proceedings in such case shall be deemed not to have occurred except that the applicant's record may be made available to the proper parties enumerated in and under the circumstances described in Sections C, D and E of the Revised Code, Section 2953.32. It is further ordered that copies of this entry be forwarded by the Clerk to the following: 1. Chief of Police or Sheriff in charge of the agency which caused the applicant's arrest. 2. The head of the prosecuting agency which prosecuted the charge. 3. The ___________ County ____________ Court Probation Department. 4. The Bureau of Criminal Identification in the Office of the Attorney General of the State of Ohio. 5. The Regional Computer Center (RCC), Cincinnati, Ohio. Entry Granting Application for Expungement and Sealing of Conviction Record Page 1 of 2 6. The Assignment Commissioner of the ___________ County ____________ Court. 7. The Chief Court Reporter of the __________ County ___________ Court. 8. The Ohio Department of Rehabilitation and Corrections. 9.The Defense Attorney. 10. The Defendant. The Court further orders that the Clerk of this Court and the persons named above who are to receive copies of this order shall not permit the examination of or admit the existence of the records of the proceedings of this case to any person, corporation or legal entity. The prohibition shall not apply to those agenices/persons listed in Sections C, D, and E of Revised Code Section 2953.32 who may use such records consistent with the terms and conditions of such sections. __________________________________ __________________________________ (Attorney for Applicant) or Judge, ___________ County (Applicant Pro Se) ___________ Court __________________________________ __________________________________ ___________ Prosecutor Date Entry Granting Application for Expungement and Sealing of Conviction Record Page 2 of 2 _________________ COUNTY _________________ COURT Criminal Division _________________ County, Ohio ___________________________ CASE NO. _________________ IN RE: THE APPLICATION OF APPLICATION FOR ENTRY SEALING RECORD OF ARREST (NON- CONVICTION) RECORD PURSUANT       TO R.C. 2953.52 ___________________________ COMES NOW the Petitioner seeking An Order Sealing Record of Arrest (Non- Conviction) pursuant to Ohio Revised Code §2953.52 and respectfully states under oath as follows: A. Preliminary Facts 1. Petitioner's: Full Name:       Name used at time of arrest:       Sex: Male Female Race:       Date of Birth:       (day/month/year) Driver's License Number:       Social Security Number:       2. The offense charged against the Petitioner:       3. The date the offense charged against the Petitioner was alleged to have been committed:       (day/month/year) 4. The date the Petitioner was arrested:       (day/month/year) Application for Expungement and Sealing of Arrest Record Page 1 of 3 5. The name of the county where the Petitioner was arrested and if the arrest occurred in a municipality, the name of the municipality:       County       Municipality (if applicable); 6. The name of the agency that arrested the Petitioner:       7. The case number and court of offense: Case No:       Court:       8. Final disposition of the criminal charge was on:       (day/month/year) B. Basis for Expunction 1. Petitioner is eligible for expungement of convictions and/or criminal records under the provisions of: R.C. § 2953.52(A)(1) in that the Petitioner was found not guilty of the offense by a jury or a court, or was named in a dismissed complaint, indictment, or information. OR R.C. § 2953.52(A)(2) in that the grand jury entered a no bill. 2. Final action (dismissal, finding of no bill, or acquittal) was entered on       . 3. The Petitioner would further show that interests of the applicant in having the records pertaining to his conviction sealed are not outweighed by any legitimate governmental needs to maintain such records. 3. Petitioner would suggest that it would best serve the interest of justice that this motion be sustained and that the maintenance of records of the Petitioner’s arrest and disposition of this cause would serve no function as a police investigative tool; and that the Application for Expungement and Sealing of Arrest Record Page 2 of 3 maintenance of said police records would invade the Defendant's right to privacy, due process and equal protection. _____________________________________________ Signature of Petitioner Print Full Name STATE OF       COUNTY OF       This instrument was acknowledged to me on _________________ (date) by _________________ (name) . _____________________________________ Notary Public, State of My Commission expires Application for Expungement and Sealing of Arrest Record Page 3 of 3 _________________ COUNTY _______________ COURT Criminal Division ______________ County, Ohio ___________________________ CASE NO. _____________ IN RE: THE APPLICATION OF ENTRY SEALING RECORD OF ARREST (NON-CONVICTION) PURSUANT TO R.C. 2953.52       ___________________________ This matter came before the Court on the application of the above named individual. Upon conclusion of the hearing heard on _____________________ , the Court finds the following: That the person was not convicted in the case; that no criminal proceedings are pending against the person; and the interests of the person in having the records pertaining to the case sealed are not outweighed by any legitimate governmental needs to maintain such records. Therefore, it is hereby ordered that all official records pertaining to this case shall be sealed, and except as provided in Revised Code Section 2953.53, all indexed references thereto shall be deleted, that the proceedings in said case shall be deemed not to have occurred, and that the applicant's record of arrest and non-conviction shall be sealed, subject to the exceptions set forth in Revised Code 2953.53 and 2953.54 as now enacted and as hereinafter amended. It is further ordered that copies of this entry shall be served by the Clerk of Courts on the following: 1. The law enforcement official in charge of the agency or organization which caused the applicant's arrest; 2. The head of the prosecuting agency which prosecuted the case; 3. The _________ County _________ Court Probation Department; 4. The Bureau of Criminal Investigation in the Office of the Attorney General of the State of Ohio; 5. The Regional Computer Center (RCC), Cincinnati, Ohio; 6. The Assignment Commissioner of the _________ County Municipal Court; 7. The Chief Court Reporter of the _________ County Municipal Court. Entry Sealing Record of Arrest Page 1 of 2 It is further ordered that the Clerk of this Court and the persons named above shall not use said records nor permit the inspection or use of said records except as provided in Revised Code Sections 2953.53 and 2953.54 as now enacted and as hereinafter amended. __________________________________ __________________________________ (Attorney for Applicant) or Judge, ___________ County (Applicant Pro Se) ___________ Court __________________________________ __________________________________ ___________ Prosecutor Date Entry Sealing Record of Arrest Page 2 of 2 ADDITIONAL INFORMATION RECORD For purposes of identification of the record to be sealed, the following information will be provided to arresting agencies and any and all known custodians of arrest and conviction records: This information must be filled out to the best of your knowledge. Please print all information. 1. Applicant’s full name _______________________ 2. Applicant’s maiden name _______________________ 3. Applicant’s full address _______________________ 4. Applicant’s Gender _______________________ Applicant’s Race _______________________ 5. Applicant’s date of birth _______________________ 6. Court Case Number _______________________ 7. Charge at Arrest _______________________ 8. Charge CONVICTED of _______________________ 9. Ohio BCI Number (if known) _______________________ 10.FBI Number (if known) _______________________ 11.Social Security Number _______________________ Entry Sealing Record of Arrest Page 3 of 2