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FloridaLawyer
FloridaLawyer, Attorney
Category: Legal
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Experience:  Former State Prosecutor, criminal defense, family law, real estate, & civil litigation
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I WANT TO GET MY RECORD SEALED I HAVE A PETTY THEFT ON THERE

Customer Question

I WANT TO GET MY RECORD SEALED I HAVE A PETTY THEFT ON THERE THAT IS KEEPING ME FROM GETTING A JOB. WHAT ARE THE STEPS I HAVE TO TAKE TOO DO THAT.
Submitted: 3 years ago.
Category: Legal
Expert:  FloridaLawyer replied 3 years ago.

Hello JA Customer,

 

I am an expert here at Just Answer and I would be happy to answer your question.

 

1) You need a copy of the final order of the conviction you

wish to have sealed. Contact the Clerk of the Court in

which you were convicted. Remember your case was

"criminal," so be sure to go to the appropriate part of the

Clerk's office. Request a certified copy of the Judgment

 

Order of Conviction(s). You will need to give the Clerk your case

number. If you do not have the number, ask the Clerk to use the

computer to look it up. For a small fee (one or two dollars), the Clerk

will give you a certified copy. Make sure it is certified (stamped with

court seal).

2) Fill in the blanks on the two forms: (a) "Application for Sealing of a Criminal Record Pursuant to ORC §2953.32"; and (b) "Judgment Entry for Sealing." To help you fill out

the forms correctly, follow the instructions provided for each form.

4) To apply to have your record sealed, you will have to

pay $50 to the Court. If you cannot pay the fee, fill out

the form called "Poverty Affidavit." When completing

this form, follow the instruction provided. If you do not

complete this form, be prepared to pay the $50 fee.

5) After the forms are filled out, attach the "Judgment Order of

Conviction" to the "Application for Sealing of a Criminal Record."

Make three copies of everything. Take the original and the three

copies of the "Application for Sealing of a Criminal Record" and the

"Poverty Affidavit" or the $50 fee to the Clerk of Courts in the

Court where you were convicted. (Do NOT file the "Judgment

Entry"-bring this completed form with you to the hearing. If you

are successful at the hearing, the Judge will sign it.) Tell the Clerk that

you would like to file your documents. The Clerk will take all copies,

stamp them, and give one copy back to you. KEEP THIS COPY!

You will need it later.

6) The Court will set your case for a hearing. You will

be notified by mail of the date set for the hearing.

Mark the date on your calendar and don't forget

about it.

7) Before the hearing date, prepare what you will say to the Judge. You

must convince the Judge that you are no longer someone who

would commit a crime (you have been rehabilitated). Explain that

you are sorry for what you did and explain how you have

changed since that time. For example, if you were using drugs

and alcohol at the time when you committed the crime and have

since gone sober, tell this to the Judge. If you have seen a

psychiatrist since your conviction, tell the Judge.

 

8) On the day of your hearing, show up at the Court on time and dressed

neatly and cleanly. Be respectful and courteous to the Judge and

Prosecutor. The Bailiff will call your name and ask you to present your

case. Tell the Judge that you want to have your criminal record sealed,

explain the charges you wish to erase from your record and that the

proper time has passed. Explain to the Judge that you have been

rehabilitated and why it is important to have your record sealed. The

Prosecutor will be given the chance to object to your request.

9) The Judge must make a decision weighing your interests in having the

records sealed against the government's need to keep these

records. The Judge may give a decision in Court or take time to

think about the case and make a decision later. If no decision is

made in Court, a copy of the decision will be mailed to you.Make sure the Court has your current address!

 

Here is a great handbook that contains the information provided above, as well as the forms you will need:

 

http://www.reentrycoalition.ohio.gov/docs/expunge.pdf

 

 

I hope this helps, best of luck!

 

If I have answered your question, please click accept so that I can earn credit for my answer.

 

Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

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Former State Prosecutor, criminal defense, family law, real estate, & civil litigation