DIANA M. STEVENSON, CLERK OF COURTS BARBERTON MUNICIPAL COURT The Expungement Process/Sealing the Record The laws governing expungements/sealing of records are set by the Ohio Revised Code. Employees of the Clerk222s office cannot give you legal advice. If you are in need of legal advice regarding your expungement or sealing application, please contact an attorney. Filing an application and paying the filing fee does not guarantee that your matter will be sealed 226 or expunged, where applicable. 1. Who can file? You must be an 223eligible offender224 pursuant to the applicable sections of the Ohio Revised Code to qualify for a sealing of a conviction. You are an 223eligible offender224 if you have been convicted of an offense in this state or any other jurisdiction and 225 have only one prior felony conviction or 225 have no more than two misdemeanor convictions or 225 have one felony conviction and one misdemeanor conviction Traffic cases do not disqualify you from sealing or expungement unless you have been convicted of an OVI. Criminal minor misdemeanors (MM) also do not disqualify you. When two or more convictions result from the same act or offense committed at the same time, they may be counted as one conviction. When two or three convictions result from the same complaint, guilty plea or official proceeding and result from related criminal acts that were committed within a three-month period, they may be counted as one conviction unless the judge decides that it is not in the public interest to count them as one conviction. 2. When can the application be filed? If you were convicted of a misdemeanor, you must wait until one year has passed from the date you received your final discharge and your case was closed. This includes any time of probation. All fines and costs must be paid in full prior to filing. If you were found not guilty or your case was dismissed you may file at any time. You cannot have any pending charges or unpaid tickets in any court. 3. What is the filing fee? There is a $100.00 non-refundable filing fee for sealing of conviction plus an optional $45.00 Expedited Record Update fee to quickly have records cleared from private background check companies. Please see Expedited Record Update Service information sheet below. Should you elect the Expedited Service, your total fee is filing $145.00. Should you elect not to participate in the Expedited Service you must sign the waiver below and return with your application. There is a $50.00 non-refundable filing fee for sealing of dismissal, plus the optional $45 Expedited Record Update fee as described above. American LegalNet, Inc. www.FormsWorkFlow.com 4. Are there any convictions that can never be sealed? Yes. You are not eligible to have your criminal record sealed if the conviction is for any of the following offenses: 225 An offense of violence, including domestic violence, when the offense is a misdemeanor of the first degree or a felony. This does not include convictions for riot assault, inciting to violence of inducing panic, which are eligible. 225 Any case in which the victim of the offense was under 18 years of age when the offense is a misdemeanor of the first degree or a felony. 225 An offense that is a felony of the first or second degree. 225 All driver222s license violations 225 All motor vehicle violations unless offense is in connection with the same act as the criminal offenses that ended in non-conviction. 225 Most convictions for sex offenses under Ohio Revised Code 2907 225 Convictions when the offender is subject to a mandatory prison term. 5. What if my case was a felony? If the case was completely dismissed by this court, and/or reduced to a misdemeanor, you can file to have the case sealed. If the case was a felony and transferred to the Summit County Common Pleas Court, an eligible offender may apply to the Court of Common Pleas. You may contact the Court of Common Pleas at 330-643-2282. 6. What happens after the application is filed? You will need to go to the Probation Department to answer a brief set of questions. The Probation Department is located on the 2nd floor of the Municipal Building in Room 208. If you live out of state and file your application by mail you must provide your social security number, maiden name and/or name at the time of conviction, current address and telephone number with your application. The Probation Department completes a thorough background report for all applicants. 7. It is up to the municipal court judge to either grant or deny your application. If the applicant meets the requirements to have a case sealed, Section 2953.32 of the O.R.C. states that it is for the court to determine whether the applicant has been rehabilitated to the satisfaction of the court. In some circumstances the prosecutor may file an objection to the granting of your application. The objection will contain the reasons why the prosecutor believes a denial is warranted. After the background check is completed, and if your application is approved, a copy of the judge222s entry granting the sealing and/or expungement will be sent by regular mail to you and any agencies connected to the case by the Probation Department. The entire sealing/expungement process takes at least eight (8) weeks. Please note that a sealing order applies only to governmental agencies, not private databases. In addition, governmental agencies do have the right to inspect sealed records for various purposes including licensing and employment. Sealed records may be released to potential employers if you apply for a job working with children (Senate Bill 38) or the elderly (House Bill 160.) PLEASE CONTACT THE BARBERTON CLERK OF COURTS OFFICE BETWEEN THE HOURS OF 8:00 TO 4:00 PM MONDAY 226 FRIDAY AT (330) 753-2261 WITH QUESTIONS. www.cityofbarberton.com/clerkofcourts Expungement Process Handout 2018.06.27 American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com In the Barberton Municipal Court Summit County, Ohio Judge: City/State of Ohio v. Defendant Case No. Address Application for Sealing Record of Conviction Defendant hereby applies to the Court pursuant to Ohio Revised Code 2472953.32 for the sealing of the conviction in the above-captioned matter. Defendant represents on the day of , , he/she was convicted of or plead guilty to: ,and that his/her probation became final or that he/she otherwise received final discharge from the Court more than one year prior to the date of this filing. Defendant states that he/she is an eligible offender; that there is now no criminal charge pending in this or any other jurisdiction; that he/she is rehabilitated; and, that the interests in having the records pertaining to this conviction sealed outweigh any legitimate governmental need to maintain the records. Defendant further requests that a date of hearing be set upon such motion and that an investigation be conducted pursuant to statute to determine Defendant has attained rehabilitation to the satisfaction of the Court and is otherwise eligible for the relief sought. Defendant has completed the required Supplemental Sealing Information form and understands there exists a continuing duty to supplement and update the information provided as necessary. Defendant has paid to the Clerk of Court the required non-refundable the filing fee, or has attached an Affidavit declaring indigency. Defendant wherefore prays for an Order of Sealing of the record of conviction pursuant to O.R.C. Sections 2953.31, et seq. Defendant's Signature cc: Probation Department Prosecutor's Office American LegalNet, Inc. www.FormsWorkFlow.com SUPPLEMENTAL SEALING/EXPUNGEMENT INFORMATION FORM NAME: AGE: DOB: AKA: TELEPHONE: ADDRESS: CITY: STATE: ZIP CODE: PLACE OF BIRTH: SSN: RACE: HT: WT.: HAIR: EYES: FAMILY HISTORY HUSBAND(s) OR WIFE(s): CHILDREN: EMPLOYMENT HISTORY EMPLOYED BY AND HOW LONG: EDUCATION LAST SCHOOL ATTENDED: MILITARY HISTORY BRANCH OF SERVICE: HAVE YOU EVER LIVED IN ANOTHER CITY, COUNTY, OR STATE OTHER THAN SUMMIT COUNTY, OHIO? IF SO, PLEASE LIST BELOW: HAVE YOU EVER BEEN CONVICTED OF ANY OTHER CRIMINAL CHARGE IN THIS COURT OR ANY OTHER COURT? IF YES