PETITION TO SEAL (“EXPUNGE”) CRIMINAL RECORD

(Ohio Rev. Code Ann. § 2953.31–2953.36)

[// GUIDANCE: This template is designed for use in Ohio Courts of Common Pleas (felonies) or Municipal/County Courts (misdemeanors). Select/delete bracketed options throughout before filing.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Jurisdiction, Eligibility, Waiting Period, Rehabilitation)
IV. Representations & Warranties
V. Covenants & Ongoing Obligations
VI. Default & Remedies (Reserved)
VII. Risk Allocation (Reserved)
VIII. Dispute Resolution (Reserved)
IX. General Provisions
X. Execution Block
Exhibit A – Schedule of Convictions / Dispositions
Exhibit B – Proposed Order Sealing Record

I. DOCUMENT HEADER

IN THE [COURT OF COMMON PLEAS / MUNICIPAL / COUNTY] COURT
[______] COUNTY, OHIO

STATE OF OHIO )
) Case No. [_]
v. )
) Judge [_______]
[PETITIONER FULL LEGAL NAME], )
)
Defendant–Petitioner. )

PETITION TO SEAL (“EXPUNGE”) CRIMINAL RECORD
(Ohio Rev. Code Ann. § 2953.32)

Recitals
A. On [DATE OF CONVICTION / DISPOSITION], Petitioner was [convicted / found not guilty / charge dismissed] of the offense(s) described in Exhibit A.
B. Petitioner now seeks the sealing of all official records relating to the above-referenced matter pursuant to Ohio Rev. Code Ann. §§ 2953.31–2953.36.

Effective Date of Petition: [DATE OF FILING]
Jurisdiction: State of Ohio – [______] County

II. DEFINITIONS

For purposes of this Petition:

“Court” means the [Court of Common Pleas / Municipal / County] Court of [______] County, Ohio.

“Eligible Offender” has the meaning set forth in Ohio Rev. Code Ann. § 2953.31(A).

“Petitioner” means [PETITIONER FULL LEGAL NAME], the individual seeking relief herein.

“Prosecutor” means the prosecuting attorney for [______] County, Ohio.

“Record” means all official records, indices, dockets, and entries relating to the criminal proceeding identified in Exhibit A.

“Sealing” or “Expungement” means the sealing of a criminal record under Ohio Rev. Code Ann. § 2953.32, rendering the Record not subject to public inspection except as provided by law.

III. OPERATIVE PROVISIONS

1. Jurisdiction & Venue
   1.1 The Court has jurisdiction under Ohio Rev. Code Ann. § 2953.32(A)(1).
   1.2 Venue is proper because the conviction occurred in this Court’s jurisdiction.

2. Eligibility
   2.1 Petitioner is an “Eligible Offender” as defined in § 2953.31(A) in that Petitioner has [no more than the permissible number of convictions / only non-violent, non-sex-offense convictions].
   2.2 No criminal charges are currently pending against Petitioner in any jurisdiction.

3. Statutory Waiting Period
   3.1 The statutory waiting period of [ONE YEAR (misdemeanor) / THREE YEARS (felony)] set forth in § 2953.32(A)(1) has fully elapsed since the final discharge of Petitioner’s sentence on [DATE].

4. Rehabilitation & Public Interest
   4.1 Petitioner has been rehabilitated to the satisfaction of the Court, as evidenced by:
   a. Steady employment with [EMPLOYER] since [DATE];
   b. Completion of all court-ordered programming;
   c. Community involvement (see attached letters of support).
   4.2 Sealing the Record is consistent with the public interest in encouraging rehabilitation and reintegration.

5. Notice & Service
   5.1 Pursuant to § 2953.32(B), Petitioner will serve a copy of this Petition and all exhibits upon the Prosecutor within the time required by law.
   5.2 Petitioner requests that the Clerk schedule a hearing not fewer than forty-five (45) days after service.

6. Relief Requested
   Petitioner respectfully prays that the Court:
   a. Conduct a hearing under § 2953.32(B);
   b. Issue an Order (substantially in the form attached as Exhibit B) sealing all official records relating to the offenses listed in Exhibit A;
   c. Direct all law-enforcement agencies, detention facilities, and courts to comply with said Order; and
   d. Grant such other and further relief as the Court deems just.

IV. REPRESENTATIONS & WARRANTIES

4.1 Accuracy. Petitioner represents that all statements herein are true, complete, and accurate to the best of Petitioner’s knowledge and belief.

4.2 Materiality. Petitioner acknowledges that the Court and Prosecutor will rely upon the truth of these representations in determining eligibility for relief.

4.3 Survival. The representations in this Section IV shall survive the filing and any hearing on this Petition.

V. COVENANTS & ONGOING OBLIGATIONS

5.1 Interim Conduct. Petitioner covenants not to commit any offense and to immediately notify the Court and Prosecutor if any criminal charge is filed before disposition of this Petition.

[// GUIDANCE: This covenant is a risk-mitigation device; if breached, the Prosecutor can oppose the Petition for newly-filed charges.]

VI. DEFAULT & REMEDIES

(Reserved – not applicable to pleading but left intentionally blank for numbering integrity.)

VII. RISK ALLOCATION

(Reserved.)

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Petition is governed by the laws of the State of Ohio.
8.2 Forum Selection. Exclusive forum lies in this Court.
8.3 Arbitration / Jury Waiver. Not applicable.
8.4 Injunctive Relief. Petitioner seeks injunctive relief in the form of record sealing.

IX. GENERAL PROVISIONS

9.1 Amendments. Petitioner may amend or supplement this Petition with leave of Court.

9.2 Severability. If any provision is deemed unenforceable, the remainder shall remain in full force.

9.3 Integration. This Petition, together with its exhibits, constitutes the complete request for statutory relief.

9.4 Electronic Filing & Signatures. The Court and parties may accept electronic signatures and electronic filing as permitted by local rule and Ohio Civ.R. 5(E).

X. EXECUTION BLOCK

Respectfully submitted,

[PETITIONER FULL LEGAL NAME]
Address: [____]
Telephone: [___]
Email: [____]

State of Ohio )
) SS:
County of [____] )

The foregoing instrument was acknowledged before me this ___ day of __, 20, by [PETITIONER NAME], who [is personally known to me / produced ______ as identification].

Notary Public
My Commission Expires: ___

EXHIBIT A

Schedule of Convictions / Dispositions

[// GUIDANCE: Attach certified copy of the judgment entry if available.]

EXHIBIT B

Proposed Order Sealing Record

IN THE [COURT OF COMMON PLEAS / MUNICIPAL / COUNTY] COURT
[______] COUNTY, OHIO

STATE OF OHIO )
) Case No. [_]
v. )
) Judge [_______]
[PETITIONER NAME], )

ORDER GRANTING PETITION TO SEAL CRIMINAL RECORD
Upon consideration of Petitioner’s Petition, the evidence presented, and the Prosecutor’s response, the Court finds:
1. Petitioner is an Eligible Offender under Ohio Rev. Code Ann. § 2953.31(A).
2. The applicable waiting period under § 2953.32(A)(1) has expired.
3. Petitioner’s interest in having the Record sealed outweighs any legitimate governmental need to maintain it.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:
A. All official records pertaining to the offense(s) listed in Exhibit A are hereby SEALED pursuant to Ohio Rev. Code Ann. § 2953.32(C).
B. The Clerk shall forward certified copies of this Order to each law-enforcement agency, detention facility, and court known to possess such records, directing compliance forthwith.
C. Access to the sealed records shall be permitted only as expressly authorized by Ohio law.

SO ORDERED.

Dated: ____, 20

JUDGE [____]

[// GUIDANCE: Always confirm local rules regarding filing fees, mandatory forms, and hearing scheduling. Some Ohio counties require use of a standardized “Application for Sealing of a Criminal Record” in addition to, or in lieu of, a narrative petition.]