In Ohio, expungement of a misdemeanor criminal record of disorderly conduct is known as sealing the record. A misdemeanor offender must wait one year from final discharge of incarceration (if applicable) to apply for a sealed record. Once the waiting period is complete, the offender must pay a fee and fill out an application to expunge conviction. A judge will consider the application and decide if the expungement is appropriate.
Understand the statutory requirements to qualify for expungement. Rule 2953.1 states that a record may not be expunged if the offender has committed the crime more than once. Thus, if the applicant has received more than one misdemeanor charge of disorderly conduct, he is not eligible for expungement. This does not apply to two or more convictions occurring from the same transaction or occurrence.
Read More: How to Expunge a Criminal Record
Endure the statutory waiting period before applying for an expungement. Ohio rules require an offender seeking a misdemeanor expungement to wait one year from the date of final discharge. The law regards final discharge as the date on which the offender completed all the court's requirements whether it is incarceration, probation or volunteer work. Final discharge does not take place until the offender has paid all required court fines and fees.
Pay the required fee and fill out the application for expungement. The fee for expungement can vary by jurisdiction but is generally under $100. The fee must be paid along with the application in the courthouse where the original disorderly conduct conviction took place. The expungement form is generally short and requires identification of the offender, what charge he would like expunged, the date of the sentence, date of termination of probation, current address of the applicant and the defendant's signature.
Fill out paperwork to avoid the expungement fee based upon indigence. An indigent applicant is one whose current financial situation does not permit him to afford the fee for expungement. He must fill out an affidavit of indigency, which sets forth his current financial situation. The applicant must swear or affirm under oath that the financial information he is supplying is true and accurate.
Attend the expungement hearing. The hearing will be set upon the court's docket for approximately four to six weeks after the date the application is submitted. The applicant will appear before the same sentencing judge who issued his disorderly conduct conviction. Pending the hearing, the application will be forwarded to the probation department to ensure all probation requirements are met and probation is terminated. At the hearing, the judge will ensure all requirements are met and will grant expungement if it is proper under the circumstances.
- Law Justia; Ohio Code; Sealing of a Record; Ohio General Assembly; 2010
- Law Justia; Ohio Code; Sealing of Record After Not Guilty Finding; Ohio Code; Ohio General Assembly; 2010
- Hamilton County Ohio; Expungement
- Hamilton County Ohio; Persons Convicted of an Offense
- Hamilton County Ohio; Expungement Form;
- Hamilton County Ohio; Affidavit of Indigency
Stephanie Reid has been writing professionally since 2007, with work published in the Virginia Bar Association's "Family Law Quarterly" and the "Whittier Journal of Child and Family Advocacy." She received her Juris Doctor from Regent University and her Bachelor of Arts in French and child development from Florida State University. Reid is admitted to practice law in Delaware and Maryland.