Application For Expungement

STATE OF OHIO; COUNTY OF WARREN IN THE WARREN COUNTY COURT STATE OF OHIO V. CRIMINAL DIVISION : : CASE NO: : : : APPLICATION FOR EXPUNGEMENT/SEALING OF RECORD; PRAECIPE , the Defendant in the above-captioned case, and hereby applies Now comes to the Court to have my record expunged/sealed pursuant to R.C. § 2953.32 and R.C. § 2953.52 for the following reason(s): / do not Pending Cases: I do Please list all pending cases below: Charge(s) Charge(s) have any case(s) pending against me. In In In Court Court Charge(s) Court CHARGE TO BE EXPUNGED/SEALED: DATE OF SENTENCE: IF PROBATION, DATE TERMINATED: CURRENT ADDRESS OF APPLICANT: PHONE NO: __( DOB: ______ ___) SSN: Date Signature There is a $50.00 filing fee, which is non-refundable, for any case with a finding of guilty. Dismissed/Not Guilty cases, no fee assessed. American LegalNet, Inc. www.FormsWorkFlow.com SEALING OF RECORD CONVICTION OR BAIL FORFIETURE You may request the Warren County Court to seal your record of conviction or bail forfeiture in a misdemeanor case at the expiration of one year after your final discharge. Upon the filing of an application for the sealing of a record the Court shall set a date for a hearing and notify the prosecutor for the case hearing on the application. The prosecutor may then object to the granting of the application and shall specify in the objection the reasons for believing a denial of the application is a justified. At the hearing the Court must initially determine whether the applicant is a first offender or whether the applicant and the prosecutor in the case agreed to the forfeiture of bail. If you have multiple convictions arising from the same complaint, or the convictions which occurred involved acts that were committed within a short period of time but did not result from the same act or offenses committed, the Court must then determine whether or not it is in the public interest for these multiple convictions to be counted as one conviction. The Court must determine whether criminal proceedings are pending against the applicant, whether the applicant is a first offender and whether the applicant has been rehabilitated. The Court must also consider any objection filed by the prosecutor and weigh the interests of the applicant in having the record of conviction sealed against the legitimate needs, if any, of the government to maintain those records. The Court can then order the records sealed or overrule the application. It is important to note that the sealing of the record is not an absolute and the Ohio Revised Code provides certain officials or entities the right to review the sealed records. Some exceptions are for a law enforcement officer or a prosecutor relative to a pretrial diversion program, and when an individual has applied for employment as a law enforcement officer or a corrections officer. It may also be used in a criminal proceeding as admissible as a prior conviction. Other examples of exceptions involve applicants for employment in the fields of education, health care, daycare, military applications or for positions that involve providing direct care to an older adult through the PASSPORT program or other like programs. American LegalNet, Inc. www.FormsWorkFlow.com