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Ohio Sealing and Expungement

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  • 01-05-2010, 02:03 PM
    OhiostateBuck
    Ohio Sealing and Expungement
    Okay so we have some know it all retards on here. Must be a jail house lawyer, huh? It's funny I stumbled on this page for a research for my final term paper last semester. Anyway there is no company in this world that will find a "expunged" unless they are a government facility and if it does show up after you "expunged the record then you need to call the court that convicted you. On the other hand a pardon will not hide or dismiss your felony. It will show up under the charge that there is a pardon, but the charge will be there anyway! A pardon is simply forgiveness once again. The word “expungement” implies that a criminal conviction or charge can be completely erased from your record, as if it never happened. Court officials can find expunged records for sentencing purposes only.

    (http://www.ohiolegalservices.org/pub...t/qandact_view)

    You can not expunge any violent felonies or felonies of the first and second degree. There are other criteria that go into expunging rules. Here they are:

    Do the records just disappear?
    Once your criminal record is expunged, nothing will show up when your record is checked. However, even if your record is sealed, law enforcement agencies, prosecutors and some other agencies can look at your sealed record; and if you commit another crime, your sealed record can still be used against you in sentencing.
    http://www.ohioexpungementlaw.com/facts/


    1. What is an expungement?

    In Ohio, expungement is the same as sealing a record. It is a court process that allows you to have any and all reference to a prior criminal conviction cleared and your court file sealed. It is as if you were never convicted of the crime.
    http://expungement.uslegal.com/expun...pungement-law/

    1. The conviction you are trying to seal is NOT for one of the crimes of categories of
    crimes listed below. (Convictions of the crimes listed CANNOT be sealed)
    Rape (ORC 2907.02)
    Sexual battery (ORC 2907.03)
    Corrupting a minor (ORC 2907.04)
    Gross sexual imposition (ORC 2907.05)
    Sexual imposition (ORC 2907.06)
    Obscenity involving a minor (ORC 2907.321)
    Pornography involving a minor (ORC 2907.322)
    Illegal use of a minor in pornography (ORC 2907.323)
    All drivers’ license violations (ORC 4507)
    Driver’s License Suspension, Cancellation, Revocation Chapter 4510
    Motor vehicle violations (ORC Chapter 4511)
    Motor Vehicle Crimes Chapter 4549
    Bail forfeitures in traffic cases (Traffic Rule 2)
    Misdemeanors of the first degree or felonies where the victim is under the
    age of 18

    Felonies of the first or second degree
    Offenses of violence that are misdemeanors of the first degree or felonies,
    this includes Domestic Violence as of 3/23/2000
    Exceptions to the above offenses that CAN BE expunged:
    convictions for Riot 2917.03; and misdemeanor convictions for assault
    (ORC 2903.13); inciting to violence ((ORC 2917.01); and inducing panic
    (ORC 2917.31)
    http://www.clevelandheightscourt.com...xpungement.pdf

    These are just some !

    PERSONALLY HERE IS MY FAVORITE....THIS STRAIGHT OUT OF THE OHIO REVISED CODE BLACK BOOK!!!!!

    2151.358 Expungement of sealed records.
    (A) The juvenile court shall expunge all records sealed under section 2151.356 of the Revised Code five years after the court issues a sealing order or upon the twenty-third birthday of the person who is the subject of the sealing order, whichever date is earlier.

    (B) Notwithstanding division (A) of this section, upon application by the person who has had a record sealed under section 2151.356 of the Revised Code, the juvenile court may expunge a record sealed under section 2151.356 of the Revised Code. In making the determination whether to expunge records, all of the following apply:

    (1) The court may require a person filing an application for expungement to submit any relevant documentation to support the application.

    (2) The court may cause an investigation to be made to determine if the person who is the subject of the proceedings has been rehabilitated to a satisfactory degree.

    (3) The court shall promptly notify the prosecuting attorney of any proceedings to expunge records.

    (4)(a) The prosecuting attorney may file a response with the court within thirty days of receiving notice of the expungement proceedings.

    (b) If the prosecuting attorney does not file a response with the court or if the prosecuting attorney files a response but indicates that the prosecuting attorney does not object to the expungement of the records, the court may order the records of the person that are under consideration to be expunged without conducting a hearing on the application. If the court decides in its discretion to conduct a hearing on the application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.

    (c) If the prosecuting attorney files a response with the court that indicates that the prosecuting attorney objects to the expungement of the records, the court shall conduct a hearing on the application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration.

    (5) After conducting a hearing in accordance with division (B)(4) of this section or after due consideration when a hearing is not conducted, the court may order the records of the person that are the subject of the application to be expunged if it finds that the person has been rehabilitated to a satisfactory degree. In determining whether the person has been rehabilitated to a satisfactory degree, the court may consider all of the following:

    (a) The age of the person;

    (b) The nature of the case;

    (c) The cessation or continuation of delinquent, unruly, or criminal behavior;

    (d) The education and employment history of the person;

    (e) Any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration.

    (C) If the juvenile court is notified by any party in a civil action that a civil action has been filed based on a case the records for which are the subject of a sealing order, the juvenile court shall not expunge a record sealed under section 2151.356 of the Revised Code until the civil action has been resolved and is not subject to further appellate review, at which time the records shall be expunged pursuant to division (A) of this section.

    (D) After the records have been expunged, the person who is the subject of the expunged records properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter.

    http://codes.ohio.gov/orc/2151.358



    My friend it sounds like your...well...stuck. But you do have options with a pardon. It will not erase your charge, but it could shine some light on it!

    There are 3 types of clemencies in Ohio:

    There are three (3) types of executive clemency:
    A. COMMUTATION: The reduction of a penalty to one less severe. Generally a commutation requests the reduction of a minimum sentence in order to make the applicant eligible for parole consideration at an earlier date. For definite sentences, a commutation would reduce the existing definite sentence to a lesser definite sentence to allow the applicant to be released at an earlier date.
    B. PARDON: The forgiveness of guilt and punishment. A pardon can be full and complete or be issued based upon the applicant meeting certain prescribed conditions. Pardons do not erase or seal a conviction; a pardon forgives guilt.
    C. REPRIEVE: Temporary postponement of the execution of any sentence.


    Here is the application link below:


    http://www.drc.state.oh.us/web/Forms...structions.pdf

    And cyjeff, get an education and learn to read. Never said I got an expungement. As a matter of fact here is a copy of the post:

    OhiostateBuck
    Junior Member Join Date: Nov 2009
    Posts: 2

    Re: How To Apply For A Pardon In Ohio
    Okay!!! I lived in Ohio for the past 28 years of my life. Neen in my share of trouble...!!! Anyway if you had a charge "EXPSUNGED" that means that record ids sealed and is not public. So why are having trouble? Also, why are you seeking a pardon? A pardon is a "forgiveness." You're not telling all the facts!!! I just had a criminal charge exspunged from my record last year! Since then it doesn't show up on background checks or anything. It's not even on the county web site...BECAUSE IT WAS EXPUNGED/ SEALED. It took about 8 months before it took effect, but 1992??? GET REAL!!!!


    Anyone who wants to confirm this here is the link:

    http://www.expertlaw.com/forums/showthread.php?t=42016

    See for yourself if I wrote what this retard is claiming! And yes I unfortunately spelled "expunging" ........ e-x-s-p-u-n-g-m-e-n-t! Oops! I tell you what I'll send this one over to WORD DOC and spell check it for you this time! And sory for the grammar bud. Good luck to anyone who reads this crap!
  • 01-05-2010, 05:47 PM
    cyjeff
    Re: How To Apply For A Pardon In Ohio
    First.... YOU said you got an expungement.... and I quote...

    Quote:

    I just had a criminal charge exspunged from my record last year!
    The rest of your post mirrors EXACTLY what the poster was told ten months ago. That an EXPUNGEMENT would only allow certain background checks (or courtroom records) to reflect the charge.... for instance, FBI level checks or any check to obtain a security clearance.

    Notice that the OP didn't state why he/she wanted the expungement/pardon. You are assuming facts not in evidence.

    Thank you for the dictionary definition of pardon. The legal definition, however, means more than an expungement. A pardon literally means that the person may continue as if the crime never happened and the pardoner is declared innocent of all responsibility. This is superior to an expungement.

    For instance, an expungement does not pardon the crime... it just seals it. If a judge needs to see it, he/she can. An FBI level check will show it. Further, if the judge sees it, he/she can base the future sentencing decisions based upon it. This is to prevent someone getting first offender status (and an expungement) repeatedly.

    I don't understand why you feel the need to restate the post, ignore your own post, ignore that your posts are still above and/or state your ignorance while calling other people offensive names.

    Edit your post to remove the offensive words. This is not a schoolyard.

    Abraham Lincoln said (and I paraphrase), "It is better to remain silent and be thought a fool than to speak and remove all doubt."
  • 01-21-2010, 05:00 PM
    aaron
    Re: How To Apply For A Pardon In Ohio
    OhiostateBuck, please act in an appropriate manner in this forum. Throwing tantrums and calling people names will get you banned.
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