This contains an Application to Seal an Arrest Record of non-conviction under R.C. 2932.52 and a Judgment Entry.
Ohio Application for Sealing / Expungement of Arrest Record Under R.C. 2953.52
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Description
Definition and meaning
The Ohio Application for Sealing / Expungement of Arrest Record Under R.C. 2953.52 is a legal form used to request the sealing or expungement of an arrest record in Ohio. This process is specifically designed for individuals who have been arrested but were not convicted of a crime. The primary aim of this application is to help individuals clear their records to improve their chances of employment, housing, and other opportunities that may be hindered by an arrest record.
How to complete the application form
Completing the Ohio Application for Sealing / Expungement of Arrest Record involves several crucial steps:
- Gather necessary information: Collect your full name, the name used at the time of arrest, gender, race, date of birth, and driver's license number.
- Provide arrest details: Fill in the date of arrest, the offense charged, the agency that arrested you, and the case number.
- Confirm eligibility: Indicate the basis for expungement, such as a finding of not guilty or a dismissed case.
- Signature and notarization: Sign the application and have it notarized before submission to the court.
Ensure all information is accurate and complete to avoid delays in processing.
Who should use this form
This application is intended for individuals in Ohio who have an arrest record but were not convicted of any crime. It is suitable for:
- Those who were found not guilty of the charges.
- Individuals whose cases were dismissed.
- People who want to move past their arrest record to enhance employment or housing prospects.
Using this form can help facilitate a fresh start for individuals impacted by their arrest records.
State-specific requirements
In Ohio, certain criteria must be met to qualify for sealing or expungement under R.C. 2953.52. These include:
- There must be no pending criminal charges against the applicant.
- The arrest must not result in a conviction.
- A waiting period may apply, depending on the nature of the arrest.
Review Ohio Revised Code § 2953.52 for comprehensive details on eligibility.
Key components of the form
The Ohio Application for Sealing / Expungement of Arrest Record contains several critical components:
- Petitioner’s Information: Full name, date of birth, and contact information.
- Details of Arrest: Information related to the arrest, including the date, location, and charges.
- Basis for Expunction: Clearly state the reason for seeking expungement.
- Final Disposition: Include the date of judgment or dismissal.
Completing each section accurately is essential for a successful application process.
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How to fill out Ohio Application For Sealing / Expungement Of Arrest Record Under R.C. 2953.52?
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FAQ
In Ohio, adult convictions generally cannot be expunged or completely erased from your record. Instead of expungement, Ohio uses a court process called sealing a criminal record. If your record is sealed, you do not have to disclose your conviction, arrest, or any charge against you when you apply for most jobs.
You need to fill out two forms which are the Application for Sealing of a Criminal Record Pursuant to ORC 2953.32_ and "Judgment Entry for Sealing." It is a $50 fee to have your records sealed which you must pay.
How Do I Apply for Expungement and Sealing of Record in Ohio? To get started, you need to make an application to the Court where your conviction took place. For misdemeanors, you make an application to the Municipal or County Court where you were originally charged with the offense.
Always begin the letter with a formal greeting, such as "Dear Judge...", before composing the rest of the letter. Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged.
Will my sealed criminal records show up on a background check? Sealed convictions should not show up on any background check run by an employer or licensing agency, unless you are applying for a job as a police officer or a peace officer or you are applying for gun license.
Expungement vs. Record Sealing. The key difference between expunging a person's criminal record and sealing it is that a sealed record still exists in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred.
Online expungement is only available through Maryland expungement.com and not offered by a State or government website. This legal expungement service is particularly convenient for individuals who don't want to have to travel to the courthouse, obtain all the paperwork, drive home.
Typically, once the FBI receives certification of the record sealing from Ohio BCI&I, they will note that the record has been expunged and sealed but it will take approximately 30 days for them to complete their process. Expungement and sealing of a record should be pursued as soon as a person is eligible.