The Fresh Start Program is held at 125 E. Court Street, 9th Floor
1:00p.m. - 4:00p.m.
THE BUILDING WITH DUNKIN DONUTS & TOM & CHEE
How We Can Help Clean Up Your Record and Give You a FRESH START
A criminal record can make finding employment, obtaining housing, enrolling in and funding your education, and securing other opportunities very difficult. The good news is that there are options for you to move forward, even if you have made mistakes in the past. From sealing or expunging your criminal record to getting certificates which open doors for you to enroll in job training programs, the Office of the Hamilton County Public Defender is pleased to help you with your Fresh Start!
Sealing a criminal record means the electronic and paper records of the criminal charges are filed in a separate, secure location. In most cases, sealed records will not appear on criminal background checks. While the record will still exist, it cannot be seen by most people. Most employers and landlords are not allowed to access sealed records from a government source, such as the clerk of courts, the police or the state Bureau of Identification and Investigation. However, certain types of employers, officials, and government agencies are allowed by law to see sealed records. For example, prosecutors, judges and police, along with employers in law enforcement and those involving children or the elderly may access a sealed record. State licensing agencies, such as the State Medical Board or Dental Board, may review sealed records for the purposes of license denial, suspension, or revocation.
Eligibility for the sealing of an adult criminal record is limited in several respects, including the type and nature of the offense, whether the charge resulted in a conviction and how much time has passed since the case concluded. To determine whether you are eligible to have your record sealed, you must first know what is on your criminal record. In Hamilton County, you must obtain a copy of your record from the Sheriff’s Office, located at the Hamilton County Justice Center, 1000 Sycamore Street, Cincinnati, Ohio 45202. You may view your record on the Hamilton County Clerk of Courts website at www.courtclerk.org.; however, your record from the Sheriff’s Office will be more accurate. Therefore, PLEASE BRING a copy of your record when you attend the Fresh Start Clinic; it will also have a history of any convictions from suburban Mayors’ Courts or Municipal Courts. If you have convictions out-of-county or out-of state, you will need to obtain a copy from those locations.
Sealing Adult Criminal Records: Convictions
Step 1: How many convictions do you have?
The number of convictions you have must fit the law‘s definition of an “eligible offender.” To determine whether you fit that definition, you need to know several rules about how offenses are counted.
- An eligible offender can have, at most, two misdemeanor convictions OR one misdemeanor and one felony conviction. Convictions from anywhere in the United States are counted in this process.
- Traffic convictions are, generally speaking, not counted towards the total number of convictions.
- Minor Misdemeanor convictions are similarly not counted in calculating the total number of convictions. A minor misdemeanor is a ticket-only offense, and includes such offenses as open flask, after hours in the park, minor misdemeanor drug possession (i.e., “weed tickets”), jaywalking, loud noise, and disorderly conduct.
- There is no limit on the number of minor misdemeanors that may be sealed.
- If there are two or more convictions arising from the same incident, the multiple convictions will be treated as though they are one conviction.
- Example: Jane was convicted of theft and resisting arrest in the same incident. The court will consider the two separate charges as one conviction when she applies to seal her records.
- If there are two or three convictions not arising from the same incident, but that resulted from the same court proceeding and the convictions were for related criminal acts committed within three months of each other, the multiple convictions may be treated like one conviction.
- Example: John has two convictions for passing bad checks on March 1st and May 10th of the same year. He was convicted of both during the same official proceeding. In that case, the court has the discretion treat the two convictions as one if John applies to have records sealed. The court can also decide that it is not in the public interest to treat the multiple convictions as one.
Step 2: Do you have a prohibited offense?
Under Ohio law, certain types of convictions can never be sealed. Generally speaking, and with a number of exceptions, the following types of offenses are ineligible:
- Any first or second degree felony or any offense with a mandatory prison term;
- Any first degree misdemeanor or felony offense where the victim was under 16 years old (except for non-support of dependents);
- Any offense of violence (as defined by Ohio Revised Code § 2901.01(A)(9));
- Any sexual-related offenses;
- Several automobile-related offenses; and
- All traffic convictions (Traffic dismissals are eligible to be sealed.)
Step 3: Are any other criminal charges pending against you?
The court will not seal your record if you have any criminal charges pending against you at this time. You must wait until you have completely dealt with any pending charges.
Step 4: How many years has it been since you completed your sentence?
You must wait a certain amount of time after the final discharge of the sentence for your conviction before you may apply for the record to be sealed. Final discharge means you have finished serving any jail or prison sentence, any term of probation or parole, and paid any fines.
- For misdemeanors (including minor misdemeanors), you must wait one year after the final discharge of your conviction to apply to have your conviction record sealed.
- For felonies, you must wait three years after the final discharge of your conviction to apply.
Sealing Adult Criminal Records: Non-Convictions
Step 1: How many non-convictions do you have?
Criminal charges which were dismissed or resulted in a verdict of not guilty are generally eligible to be sealed, no matter how many you have. However, if you were convicted on one or more charges that arose out of the same incident while other charges were dismissed, you CANNOT get the dismissed charges sealed unless you are also eligible to get the convictions sealed as well (see the earlier rules for sealing convictions).
Step 2: How long must you wait after the non-conviction?
Where the non-conviction is a misdemeanor and for most non-convictions of felonies, there is no waiting period to apply for sealing. However, in the case of a felony charge which was ignored by the grand jury (also called a “No Bill”), an applicant must wait two years to apply. This is because the prosecutor has two years within which to re-file the charges. Just like the sealing of a conviction record, a court will not seal a non-conviction record while the applicant has other pending charges.
Sealing and Expunging Juvenile Criminal Records
Juvenile records are not criminal records; and juveniles do not receive criminal convictions. Instead, juveniles who break the law are referred to as “adjudicated delinquents.” In fact, when a person with only a juvenile record is asked whether he/she has been convicted of a crime, the legally correct answer is “No.”
However, some types of offenses will appear on background checks; and juvenile records are available to certain employers and government agencies, including the courts, police and prosecutors. If you have been adjudicated a delinquent, there are two options: sealing and expungement. Sealed juvenile records are removed from the person‘s main criminal history file and secured in a separate file accessible only to police, courts and prosecutors. These records will not appear on any background checks for employment or housing. An expunged juvenile record is totally destroyed, in physical and electronic forms, so that the record is permanently irretrievable.
Sealing Juvenile Records
Step 1: How many adjudications do you have?
You may apply to have your juvenile record sealed even if you have several adjudications.
Step 2: Do you have a prohibited offense?
Under Ohio law, certain types of adjudications can never be sealed. The following types of offenses are ineligible:
- Aggravated murder
- Murder
- Rape
Step 3: Are any other criminal charges pending against you?
The court will not seal your record if you have any criminal charges pending against you at this time. You must wait until you have completely dealt with any pending charges.
Step 4: How long has it been since then end of your disposition?
A person may apply to seal a juvenile record 6 months after the final discharge of the offense. All fees and fines must be paid before the court will consider a request to seal a juvenile record. In deciding whether to seal a juvenile record, the court will consider the applicant’s age at the time of the offense, the nature of the offense, additional problems with the law, and a number of other factors.
Expunging Juvenile Records
A person may apply to have a juvenile record expunged at any time once it has been sealed. If a person does not apply for expungement after sealing a juvenile record, expungement will automatically occur five years after the record was sealed or when the person is 23 years old (whichever happens first). However, this automatic expungement will never occur if the record has not first been sealed.
