INFORMATION FOR SEALING RECORDS Fairfield County Municipal Court Clerk s Office employees cannot give you legal advice concerning your application for sealing records. Please consult an attorney with any questions you may have. We will assist you in filing the application while complying with state legal requirements. 1. WHO CAN FILE? A. Currently, pursuant to applicable sections of the Ohio Revised Code, to qualify for sealing a record of conviction, you must be an ELIGIBLE OFFENDER. (ORC 2953.31) An eligible offender is anyone who has not been convicted of an offense in this court or any other jurisdiction and who has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the same offense, or not more than one felony conviction and one misdemeanor conviction. When two or more convictions result from or are connected with the same act, or result from offenses committed at the same time, they shall be counted as one conviction. If you have two or three convictions resulting from the same charges, guilty plea, or official proceeding and resulting from related criminal acts that were committed within a three month period but do not result from the same act or from offenses committed at the same time, you may apply to the court for an eligible offender status. The granting of eligible offender status is not automatic and is up the judge to determine whether or not it is in the public interest to allow your two or three convictions to be counted as one conviction for the purposes of sealing your records. B. The following are not considered convictions for the purpose of determining if you have an eligible offender status (ORC 2953.31): 1. BAIL FORFEITURE, DISMISSAL OR A MINOR MISDEMEANOR 2. TRAFFIC LAWS ORC 4511 3. TRAFFIC LAWS CONCERNING EQUIPMENT; LOADS ORC 4513 4. MOTOR VEHICLE CRIMES ORC 4549 5. ANY SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE C. You are not an ELIGIBLE OFFENDER and are ineligible for sealing of a conviction if you have one or more convictions for any of the following (ORC 2953.31) or any substantially similar municipal ordinance: 1. OVI 4511.19 2. OVI SUSPENSION (driving under) 4510.11 OR 4510.14 3. STREET RACING 4511.251 4. HIT & SKIP 4549.02 5. HIT & SKIP OFF PUBLIC ROADS 4549.021 6. HIT & SKIP W/PROPERTY DAMAGE 4549.03 7. MASTER KEY SALE OR POSSESSION 4549.042 8. MOTOR VEHICLE CONCEALED IDENTITY 4549.62 9. VIOLATIONS OF THE ODOMETOR 4549.41 through 4549.46 ROLLBACK AND DISCLOSURE ACT D. You are not eligible for sealing of any offense if you have any pending charges or past due fines and costs in any court. You are also not eligible for sealing of a conviction if you have already had a conviction (other than a minor misdemeanor) sealed. If you are charged with two or more offenses arising out of the same incident, you must be eligible on all of the charges in order to be eligible on any of the charges (ORC 2953.61). Bond/bail forfeitures of traffic offenses cannot be expunged (ORC 2953.36H). 1
2. CONVICTIONS WHICH CANNOT BE SEALED: A. Domestic violence, felony or misdemeanor of the eligible degree. B. An offense of violence when the offense is a misdemeanor of the eligible degree or a felony. C. An offense under circumstances in which the victim of the offense was under 18 years of age, when the offense is a misdemeanor of the eligible degree or a felony. D. Sexual imposition or unlawful sexual conduct with a minor. E. Convictions after 10-09-2007 of: public indecency; procuring; voyeurism; disseminating, displaying, or deception to obtain matter harmful to juveniles. F. Any of the violations listed on page 1, 1-C. G. Any traffic offense 3. WHEN CAN THE APPLICATION BE FILED AND WHAT ARE THE COSTS? A. There is no waiting period on a dismissal or not guilty finding (ORC 2953.52). There is no filing fee for an application to seal a dismissed or not guilty finding case. B. You must wait until one (1) year from the date of the discharge of your conviction. The discharge date includes the full payment of fines and costs, the completion of any jail sentence and/or the completion of the time of reporting or non-reporting probation. The filing fee is $75.00 and is non-refundable. 4. WHAT HAPPENS AFTER THE APPLICATION IS FILED? After the application has been processed, the Probation Department is notified and the case is sent to the Assignment Office to be scheduled for a court hearing in approximately thirty (30) days. The Probation Department completes a thorough background report for all applicants and submits it to the court. You will receive your hearing notice by mail and you will be required to attend the hearing. Additionally, the Prosecutor s Office may file an objection to the sealing of conviction. After the hearing, if the sealing of the conviction has been granted, you and any agencies related to the case will receive a copy of the court entry. This entire process may take 6 to 8 weeks. Please note, a sealing order applies only to governmental agencies, not private data bases (ORC 2953.32C2 and 2953.35). In addition, governmental agencies do have the right to inspect for various purposes, including licensing and employment, records that have been sealed (ORC 2953.32D and G). (Sealing Process 09/28/2012) (Amended Eff: 9-19-14 Am Sub SB 143) 2
IN THE FAIRFIELD COUNTY MUNICIPAL COURT STATE OF OHIO CITY/VILLAGE OF CASE NO(S): Plaintiff APPLICATION FOR SEALING OF CONVICTION PURSUANT TO ORC 2953.32 vs. OR Defendant APPLICATION FOR SEALING OF DISMISSAL PURSUANT TO ORC 2953.52A1 Defendant makes application to this Court: For the sealing of his/her official record of conviction in this case. For the sealing of his/her official record of dismissal in this case. Applicant provides the following information for use by the Probation Department and Prosecutor in determining whether the provisions of the sealing of the record statute are satisfied and sealing of the record should be granted: Defendant Full Name: Street Address: City: State: Zip: Area Code/Telephone: Social Security Number: DOB: Charges: Date of Conviction: OR Date of Dismissal: Date of Termination of Probation: The case against the defendant was dismissed or found not guilty and there are no criminal proceedings now pending. Expungement/Sealing Motion (Amended Eff: 8-03-15 Am Sub SB 143) 1
The case against the defendant resulted in a conviction or bail forfeiture, and applicant makes the following additional representations: 1. More than one (1) year has passed since the final discharge in the above titled case. 2. Applicant is an eligible offender pursuant to the definition found in R.C. 2953.31 (A) and there are no criminal proceedings pending against me. 3. Applicant has been rehabilitated. 4. Applicant s conviction/bail forfeiture is not a crime listed in R.C. 2953.36 for which the sealing of the record provisions of R.C. 2953.31 35 are inapplicable. 5. The applicant understands that the $75.00 filing fee is non-refundable. I,, after having reviewed the applicable statutes referenced above in order to determine my eligibility for the sealing of the record of my case, in order to make truthful assertions for the purposes of this application;, hereby swear or affirm under the penalty of Falsification (R.C. 2921.13) that the statements contained herein are true and petitions the Court for an order sealing the record pursuant to ORC 2953.31 2953.36, or 2953.51 2953.55 and 2953.61. Signature of Defendant SERVICE AND NOTICE OF HEARING A copy of the Application for Sealing of Conviction/Dismissal was served upon the City Prosecutor and the Probation Department, by placing a copy in the service box in the Clerk s Office on this day of, 20. This matter shall be set for hearing by the Court upon completion of a record check as required by statute. Notice of the date and time of hearing shall be forwarded to all parties. Valeda A. Slone, Clerk of Court By Deputy Clerk Expungement/Sealing Motion (Amended Eff: 8-03-15 Am Sub SB 143) 2
Expedited Record Update Service Agreement/Notification of Expungement or Sealing of Records by Qualified Third Party NOTICE OF RIGHTS TO OPT IN OR OUT OF THE ERUS SERVICE After you have had your criminal record expunged or sealed by the court, private background check companies could still be reporting your criminal record for up to a year or more to potential employers, landlords, or anyone else who purchases a background check on you. The Ohio legislature passed a law (O.R.C. 109.38) which authorized the Attorney General to select a vendor, Higbee & Associates, to instruct background check companies to promptly remove your sealed or expunged records. Other section of the Ohio Revised Code for reference are ORC 2953.32, 2953.37, 2953.38, 2953.53. The $45 fee for this service is in addition to your application fee to have your records sealed/expunged in the Fairfield County Municipal Court. This separate filing fee is payable to the Fairfield County Municipal Court Clerk and MUST BE PAID when you apply for a record sealing or expungement. You must also sign this Rights Form which notifies the court of your option. Other benefits listed by the third party vendor, The Law firm of Higbee & Associates, this is not necessarily the position of the Fairfield County Municipal Court Clerk: Benefits of the Service: Quickly have your expunged or sealed record cleared from more than 600 private background check providers. Have your record promptly removed from background checks, instead of waiting a year, or more. Greatly reduces the chance that an expunged or sealed record will appear on a background check and thereby results in you being denied a job, housing or other opportunity. Risks of Opting Out of the Service: Private sector background check companies that take a year or more to purchase updated data from the courts may not discover your criminal record has been sealed or expunged until they purchase their next update. When background check databases are not updated in a timely manner, it can result in denied employment, housing, and other opportunities. How the Process Works: If the court grants your petition and the $45 fee is paid, the court will notify the Law Firm of Higbee & Associates (RecordGone.com Division). Higbee & Associates will then promptly instruct background check companies to remove your sealed or expunged record from all future background check reports. If your request to seal or expunge a record is denied, then the $45 fee for this service is returned to you by the court. To Learn More or To Check On the Status of Your Expedited Record Update Service Go to http://www.recordgone.com/erus.
Notice of Right to Opt In or Out: Please indicate your choice below, and provide signature confirming same. If you opt into the Expedited Expungement Record Service YOU MUST PAY THE $45.00 FEE AT THE TIME OF THE REQUEST OF THE EXPUNGEMENT OF YOUR CASE RECORD. I agree to have my case record sent to Higbee & Associates so they will process the Expedited Record Update Service, ERUS, at the cost of $45.00. NAME CASE # SIGNATURE DATE I opt out of the ERUS, PLEASE DO NOT INSTRUCT HIGBEE & ASSOCIATES to process the Expedited Record Update Service, ERUS NAME CASE # SIGNATURE DATE This option has been implemented by Fairfield County Municipal Court Clerk pursuant to the implementation of this process by the Attorney General and Higbee & Associates. This law is only effective until Sept. 2018. Form created by Fairfield County Municipal Clerk, Valeda Slone, using data provided by Higbee & Associates. DISCLAIMER: If you OPT IN to this program with Higbee & Associates, the Fairfield County Municipal Court does not guarantee that every record of your case will be completely eradicated from all data repositories. If you have any questions or concerns regarding the effectiveness of this program, please contact Higbee & Associates at http://www.recordgone.com/erus.