TABLE OF CONTENTS What is Expungement/Sealing of Record?........................... 1 Why Get An Expungement?............................................... 1 Can I Get My Record Expunged?........................................ 2 Steps You Must Follow to Get Your Record Sealed................ 4 FORMS YOU CAN USE: Application to Seal a Criminal Conviction............................A1 $100.00 filing fee Application to Seal a Criminal Case Not Guilty/Dismissed......B1 $50.00 filing fee Additional Information Record.......................................... A/B American LegalNet, Inc. www.USCourtForms.com 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 references to a prior criminal conviction cleared and your court file sealed. It is 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 a witness in court, they will ask about your past criminal record. If you have a conviction, they may be 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 you in sentencing. WARNING: By completing the form attached, you are serving as your own attorney. The purpose of this packet is to help you represent yourself in this expungement. In no way is any legal service office representing you in this action. No attorney/client relationship has been created and this material is not to be considered legal advice 1 American LegalNet, Inc. www.USCourtForms.com Can I Get My Record Expunged? If all of the following six statements are true for your situation, you will be able to request an expungement: 1. The conviction you are trying to expunge is NOT for one of the crimes or categories of crimes listed below. (Convictions of the crimes listed CANNOT be sealed) " " " " " " " " " " " " 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 the first degree or felonies where the victim is under the age of 18 " felonies of the first or second degree " offenses of violence that are misdemeanors of the first degree or felonies, this includes Domestic Violence as of 3/23/2000 (Exceptions to the above offenses that 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) If you don’t know the crime for which you were convicted, check with the Clerk of Courts. Remember your case was “Criminal,” so be sure to mention this to the clerk. Also you can look up criminal histories on the court Internet site at www.clevelandheightscourt.com. If your conviction was before 1991 you will have to do a manual search of the docket books to determine your case number. 2. You were NOT subject to a mandatory prison term for the conviction you seek to expunge (in other words, you were 2 American LegalNet, Inc. www.USCourtForms.com 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 been convicted of the same crime or any other crime in this or any other state. UNLESS: a) b) K You were convicted of two or more crimes based upon the same action. In that case, all of these conviction 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 may be able to get both records sealed. 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 all parts of the sentence as well as jail time and/or probation. K The probation department MUST sign the first page of the form BEFORE filing it with the court 1. You currently do not have any criminal or traffic proceedings including DUI conviction or had any other case NOTICE: Even if all six of the above 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. 3 American LegalNet, Inc. www.USCourtForms.com Steps You Must Follow to Get Your Record Sealed 1) You need a copy of the “final order” on the conviction you wish to have sealed. Contact the Clerk’s office in the court in which you were convicted. Remember, your case was “criminal” so be sure to go to the appropriate part of the office. Request a certified copy of the Judgment Order of Conviction. (There is a two-dollar fee for this copy.) You will need to give the clerk your case number. If you do not know the number you can locate it on the Court computer system or the Internet. 2) Fill in the blanks on the form included in this packet called “Application for Expungement.” AT LEAST ONE YEAR FROM THE TERMINATION OF YOUR PROBATION MUST HAVE PASSED. The Probation department MUST sign your application before filing it with the Court. 3) To apply to have your record sealed, you will have to pay $100.00 to the Court on a conviction; or $50.00 for a case that was dismissed. (See special form for cases that were dismissed; you can file this anytime after the dismissal or not guilty finding.) 4) After you have the application form filled out, attach a copy of the judgment entry of conviction. Make (3) three copies of everything. Take the original and the copies, along with a money order or cash for the filing fee to the clerk’s office in the court in which you were convicted. Tell the clerk you wish to file your documents. The clerk will take all copies, stamp them and give you one copy back. 4 American LegalNet, Inc. www.USCourtForms.com 5) The clerk will give you a hearing date for your expungement hearing. This date will be about six (6) weeks from when you file your application. She will also advise you to go to the probation office to make an appointment for an interview. You must do this immediately or your hearing could be postponed. 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). Explain that you are sorry for what you did and explain how you have changed since that time. For example, if you were using drugs and alcohol at the time you committed the crime and have since gone sober, tell this to the Judge. If you have seen a psychiatrist since your conviction, tell the Judge. 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. The bailiff will call your name and your case will be heard. Explain to the Judge that you have been rehabilitated and why it is important to you to have your record sealed. The prosecutor will be given a chance to object to your request. 8) The Judge must make a decision weighing the interests in having the records sealed against the government’s need to keep these records. The Judge may make a decision in Court or take the 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 !! 5 American LegalNet, Inc. www.USCourtForms.com IN THE CLEVELAND HEIGHTS MUNICIPAL COURT CUYAHOGA COUNTY, OHIO State of Ohio, or City of Cleveland Heights, Plaintiff, vs. , Defendant. ) ) ) ) ) ) ) ) Case No. CRB________________ Judge A. Deane Buchanan APPLICATION TO SEAL A CRIMINAL RECORD PURSUANT TO O.R.C. §2953.32 Now comes the Defendant________________________, pro se, and moves for an order sealing the record of Defendant’s conviction(s) including the sealing of all criminal records pursuant to Ohio Revised Code §2953.32. Defendant seeks expungement of the following conviction(s). Charge(s): Case No(s): Date of Conviction(s): Date of Termination of Probation: Signature of Probation Officer: ________________________ The applicant as stated above qualifies as a first time offender as defined in ORC §2953.31(A). No criminal or traffic charges are pending against Defendant and the defendant has not had a DUI conviction. Check the one that applies to your situation: G This was defendant’s first and only conviction. Defendant has never been convicted of the same crime or any other crime in this or any other state. A1 American LegalNet, Inc. www.USCourtForms.com G Defendant seeks expungement of more than one conviction, and all convictions arise from the same set of facts, that occurred on the same date. G Defendant has other convictions, but they are minor misdemeanors. The record of the defendant’s conviction should be expunged and all records should be sealed because Defendant has been rehabilitated, as evident by the following facts: Respectfully submitted, ____________________________ Defendant’s Signature _____________________________________________ Defendant’s Printed Name ______________________________________________ Address ______________________________________________ City/State/Zip (____)______________________ Phone A2 American LegalNet, Inc. www.USCourtForms.com IN THE CLEVELAND HEIGHTS MUNICIPAL COURT CUYAHOGA COUNTY, OHIO State of Ohio, or City of Cleveland Heights, Plaintiff, vs. , Defendant. ) ) ) ) ) ) ) ) Case No. CRB________________ Judge A. Deane Buchanan APPLICATION TO SEAL A CRIMINAL RECORD PURSUANT TO O.R.C. §2953.52 (DISMISSAL/NOT GUILTY) Now comes the Defendant________________________ pro se, and moves for an order sealing the record of Defendant’s arrest under ORC §2953.52. Defendant seeks expungement of the following arrests in which the determination of the case was a DISMISSAL OR NOT GUILTY Court entry. Charge(s):________________________________________ Case No(s):_______________________________________ Date of Dismissal/Not Guilty Order:____________________ The applicant as stated above qualifies for this proceeding under O.R.C. §2953.53, in that the charge(s) were dismissed and or had a finding of not guilty. G Defendant does not have any other criminal proceedings pending at this time in this or any other State. G Defendant has other convictions, but they are minor misdemeanors. B1 American LegalNet, Inc. www.USCourtForms.com The record of the defendant’s arrest should be expunged and all records should be sealed for the following reason(s): _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ __ __________________ Respectfully submitted. _______________________________ Defendant’s Signature Defendant’s Printed Name Address City/State/Zip ( ) Phone B2 American LegalNet, Inc. www.USCourtForms.com ADDITIONAL INFORMATION RECORD For purposes of identification of the record to be expunged, the following information will be provided to arresting agencies and any and all custodians of arrest and conviction records: 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 Sex_______ 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______________________________ MUST BE FILED WITH EITHER APPLICATION FOR EXPUNGEMENT A OR B A/B American LegalNet, Inc. www.USCourtForms.com