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What is Expungement (OR SEALING) OF A RECORD |
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Expungement is the
sealing of a criminal record so it is not publicly available. The
statutes authorizing expungement are Ohio Revised Code sections
2953.32 & 2953.52. While it is believed the following
information is accurate, you should consider consulting an Ohio attorney
to help you with the expungement process. If you
cannot afford a lawyer,
The Legal Aid Society of
Cincinnati, (513) 241-9400, may be able to help. |
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Who Qualifies for Expungement? |
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It depends on whether
there was a criminal conviction, or the criminal charge was
dismissed or there was a finding of not guilty. In any case, a
person does not qualify for expungement if criminal proceedings are
pending against the person. |
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How
is expungement obtained? |
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Step-By-Step
MUNICIPAL court Guidelines:
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1. |
Fee: If you are requesting the
expungement of a non-conviction, no fee is required. Go to step 2.
Otherwise, you must pay a $50.00 fee to the Clerk of Courts,
513-946-6010, room 112 of the
Hamilton County Justice Center, 1000 Sycamore St., Cincinnati, OH
45202. If you indicate to the clerk you
cannot afford the $50.00 filing fee, you will be referred to the
Assignment Commissioner’s office, see the next step, to fill out the Affidavit of Indigency. |
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2. |
Proceed to the Assignment
Commissioner’s office with any required fee receipt or to fill out,
but not sign, the Affidavit of Indigency. The Assignment
Commissioner’s office, 513-946-6250, is located in room 117
of the Hamilton County Justice Center, 1000 Sycamore St.,
Cincinnati, OH 45202. At the Assignment
Commissioner's office, you also will be required to fill out and
file the Probation Information Sheet and the appropriate application
for expungement. No hearing date will be set, until a completed
Probation Information Sheet is received by the Assignment
Commissioner’s office. |
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The required forms are available at the
Assignment Commissioner's office and here for download: |
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Affidavit of Indigency:
Word or
PDF |
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Application
to Expunge Conviction: Word
or PDF
[$50.00 Fee] |
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Application to Expunge Record of Non-Conviction:
Word or
PDF [No Fee] |
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Probation Information Sheet:
Word
or
PDF |
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Don't
have Word? Download
Word Viewer. |
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Acrobat Reader →
→ |
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3. |
The Application to Expunge will be set
for consideration by the judge you originally appeared before; the
Probation Department will get the Probation Information Sheet;
and any Affidavit of Indigency will be filed in your case file. |
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[The
expungement request is usually scheduled for hearing in about four
to six weeks before the judge. Pending the hearing, your
application is checked by the
Probation Department for initial
eligibility. Be sure to respond promptly to any request for information from
the
Probation Department. The
Probation Department reports its
findings to the judge for consideration at the expungement hearing.
If you do not respond to the Probation Department, it is likely the
department will report that you do not qualify for expungement.] |
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4. |
On the court date, the clerk assigned
to the courtroom will have you sign the Affidavit of Indigency
under oath. Please also see
WHAT TO DO IF YOU
CANNOT MAKE A COURT APPEARANCE. |
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5. |
If your request for
expungement is granted and you have filed the Affidavit of Indigency, but the judge finds you are not indigent, the sealing of
your record will not take place until the $50.00 fee is
paid. If your request for expungement is granted and the judge finds
you are indigent, the record will be sealed without payment of a
fee. |
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See also
Local
Administrative Rule 2.10. |
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