In cases that were dismissed, or in which you were found not guilty: If all charges against you were dismissed, you can apply for the record to be sealed. If you were convicted on some of the charges, but found not guilty on other charges or other charges were dismissed , all from the same incident, you cannot get the dismissed charges sealed unless the convictions are also eligible to be sealed.
Prosecutors have two years to re-file charges. Sealing arrest records: If you were arrested and no formal charges were filed, you must check with the police department that arrested you to determine how to request that your arrest record be sealed. You may not have any pending criminal charges against you to apply to have any non-convictions sealed.
Please remember: The Cuyahoga County Prosecutor's Office cannot assist you in applying to have your record sealed beyond the information provided here.
Please do not contact our office unless you have received a response to your application and have a question about that response. Below is a list of agencies and resources that may be able to assist you in completing an application.
You do not need an attorney to file your application for you; you may do it yourself. However, if you need help, you should contact an attorney.
In Cuyahoga County, you can contact the following agencies to request assistance in submitting an application to have your record sealed: For non-convictions and misdemeanors: The Legal Aid Society of Cleveland This non-profit organization provides workshops for citizens and trainings for attorneys regarding the sealing of records.
Visit their website at www. For felony convictions: Cuyahoga County Office of the Public Defender This county office provides legal services to indigent adults and juveniles who have been charged with crimes. Visit the office's website at www. Other resources. You can get the application by accessing the Cuyahoga County Public Defender's website. There are separate application forms depending on the type of record you wish to be sealed conviction, no-bill, arrest, etc.
If you cannot afford it, you must submit an affidavit of indigence along with your application. The affidavit of indigence is available on the Cuyahoga County Clerk of Courts website. Submit your completed application to the Cuyahoga County Clerk of Courts. Upon submitting your application, you should contact the clerk to ensure that your address is up to date in their files. This report is sent to our office, where attorneys will review it for eligibility.
The Cuyahoga County Prosecutor's Office may either file an objection to your Application for Sealing of Records, which means that we have determined you are not eligible to have your record sealed, or file a "Brief in Response," which means that we have determined that you meet the requirements to have your record sealed.
Both the court and you will receive the filing from our office. Once this occurs, a hearing will be scheduled to review your request. A judge has the final decision of whether to seal your record. An individual may to appeal a denial decision of a court of common pleas to the court of appeals only if the individual alleges that the denial was an abuse of discretion by the court of common pleas.
Pursuant to a amendment to the CQE law, the Department of Rehabilitation and Correction is responsible for maintaining an accessible electronic database of certificates, and for making an annual report to the legislature. A amendment to the law SB5 sets a uniform fee for a CQE and creates a rebuttable presumption for issuance of a certificate of qualification for employment under certain circumstances.
It also requires licensing agencies to provide additional information on the use of certificates of qualification for employment and certificates of achievement and employability. This law lifts mandatory bars and requires the licensing agency to give the person individualized consideration, in effect converting a mandatory civil impact into a discretionary one.
It also affords an employer a degree of protection from liability. The Ohio Justice and Policy Center publishes a comprehensive guide to obtaining administrative and judicial employability certificates and sealing of adult and juvenile convictions. Per Ohio Rev. This mandatory disqualification may be overcome by a certificate of qualification for employment. Preliminary determination : The law provided that anyone with a conviction may request at any time that a licensing authority make a preliminary determination whether the conviction disqualifies the person from obtaining an occupational or professional license.
Within thirty days of receiving a request, the licensing authority must inform the person of its decision. Also pursuant to the law, boards must report regularly to the legislature on the number of licenses granted and denied because of a criminal conviction.
As noted above, if a conviction has been sealed pursuant to the first offender sealing statute, Ohio Rev. In , the Ohio Legislature established the Ex-Offender Reentry Coalition, composed of senior state officials involved in corrections and agencies serving returning prisoners.
The Commission must provide a written statement to each applicant denied a license under this chapter describing the reason or reasons for which the applicant was denied the license.
The Commission must submit an annual report to the legislature specifying the number of applications denied in the preceding calendar year for each type of such license, and the reasons for those denials.
These provisions requiring a criminal records check of applicants for trainee licenses do not apply with respect to any person who is participating in an apprenticeship or training program operated by or under contract with the Department of Rehabilitation and Correction.
None of the agencies may issue a trainee license to an applicant if the agency determines that the applicant would not be eligible for issuance of a license, certificate, or other authority to engage in the profession or occupation, or operate certain equipment or machinery, or enter certain premises. An agency that uses criminal records in determining whether an applicant should be granted a trainee license under Ohio Rev. Under Governor Strickland, clemency recommendations from the Board were further reviewed by his staff:.
After a thorough and detailed discussion of the specifics of a given case, the legal staff presents their recommendation for or against clemency. The governor considers the totality of information presented for each application and decides whether to approve or deny clemency.
Civil rights B. Firearms C. Collateral consequences II. Authority B. Administration C. Eligibility D. Effect E. Process F. Expedited pardon review process G. Frequency of grants III. Expungement, sealing and other record relief A. Sealing of conviction records B. Pardoned convictions C. Expungement for victims of human trafficking D.
Expungement for conduct that is no longer a crime E. Intervention in lieu of conviction ILC F. Pretrial diversion G. Non-conviction records H. Certificate of qualification for employment I. Certificate of employability J. Additional resources IV. Ban-the-box in public hiring B. Nondiscrimination in licensing — in general C.
Another example of how a lawyer can help you is by fighting to have any pending charges you face dropped. The process for preparing and filing a motion for expungement presents a variety of complex challenges.
An experienced attorney understands how the process works and how to help you fight to achieve your goals of a clean record. Even if you believe you cannot have your record expunged, contact us to review your case with an experienced Ohio expungement attorney. In , Mr. Gounaris was awarded a What Crimes Cannot be Expunged in Ohio? Contact Us Schedule your free consultation.
B September Under Ohio law, after a conviction of a felony, a statutory waiting period of three years must have passed before one is actually eligible for to begin the expungement process.
The clock does not start ticking when the conviction is recorded by the Court; however, it starts from the final date of discharge. The final date of discharge is when the case sentence has been completed. This means if the Judge sentenced you to serve three years of community control on April 10, , and you completed the community control on April 10, , you would have to wait three years from April 10, April 10, in order to be eligible to begin the expungement process.
At, the time you begin the expungement process after the waiting period has expired, there can be no criminal proceedings pending against you, and you must have fulfilled all requirements of your probation, and paid all restitution, fines and cost. In some cases, the Court may waive the restitution requirement. Even if you meet all the legal prerequisites to have an expungement of felony conviction, the court must consider any objection of the prosecution and impose a balancing test under.
Having an attorney represent you will help you counter any objections of the prosecutor and advocate to the court that the scales tip in your favor to have the felony record expunged and outweigh any interests of the state in maintaining a record of your conviction. Depending on the court, the expungement process can take few weeks to several months.
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