Expungement Clinics & BMV Days Helping clients deal with the collateral consequences of convictions. Office of the Ohio Public Defender www.opd.ohio.gov
Expungement Record Clinic • Expungement and sealing of record mean the same thing. • What is a sealing of the record? Ohio Revised Code §§2953.32 and 2953.52 permit convictions and dismissed charges to be sealed. When the conviction or dismissal is sealed, it is as if it never occurred. Office of the Ohio Public Defender www.opd.ohio.gov
Why Should We Hold a Clinic? • Convictions and dismissed cases can prevent or hinder individuals in: finding employment, receiving government assistance, locating housing, receiving student loans, and gaining custody of children. • Helping individuals seal their records gives them opportunities and prevents recidivism. Office of the Ohio Public Defender www.opd.ohio.gov
Current Clinics Ohio Public Defender - Hamilton County Public Juvenile Sealing Clinic Defender – Fresh Start Clinic • Held at locations throughout • Held twice a month. No the state. appointment needed. • Only juvenile records. • Both adult and juvenile records. • Assist clients in filling out • Have clients fill out financial forms. affidavit to determine eligibility. • Clients do not fill out • File forms for clients and when financial affidavits to needed represent clients at determine eligibility. hearings. Office of the Ohio Public Defender www.opd.ohio.gov
Current Clinics – Page 2 Ohio Public Defender - Adult Sealing Clinic • One day clinic. • Only adult records. • In partnership with Fair Treatment Reform and Re-Entry. • Assisted individuals in filling out forms. • Provided information for individuals to file forms pro-se. • Did not go to court with individuals. • Did not have individuals fill out financial affidavit to determine eligibility. Office of the Ohio Public Defender www.opd.ohio.gov
Current Clinics – Page 3 Ohio Public Defender – Ross • Assisted client in filling out County Office Clinic forms. • Held in conjunction with • Did not go to court with Common Pleas Court Probation clients. Department • Clients did not fill out • Probation Department provided record checks for applicants. financial affidavits to determine eligibility. • Common Pleas Court agreed to waive filing fees. • Held yearly. • Provided forms for clients to file pro-se. Office of the Ohio Public Defender www.opd.ohio.gov
Getting Started • How to sell the idea • Forms 1. Benefits to individuals; 1. Look at what court/clerk 2. benefits to community; provides; and 3. cost effective; and 2. contact other offices who 4. many courts/clerks already have clinics. provide pro-se forms. • Record Checks • Partners 1. Individuals can get copy of 1. Courts; record from county sheriff; 2. probation departments; 2. use online court dockets; or 3. legal aid; and 3. partner with entity that has 4. job and family services. access to records. Office of the Ohio Public Defender www.opd.ohio.gov
• Court Reactions 1. Many are positive and will waive $50.00 filing fee for convictions. 2. Others will want all fees and costs paid before granting motions. 3. Some require additional forms, such as: Office of the Ohio Public Defender www.opd.ohio.gov
Office of the Ohio Public Defender www.opd.ohio.gov
Expungement Law Changes • Senate Bill 66 • Effective date October 29, 2018. • Expands eligibility for expungement of convictions. • If individual has five or fewer felony convictions, all convictions are for felonies of the fourth or fifth degree, and they have no convictions for offenses of violence or felony sex offenses they can get up to five felony convictions and unlimited misdemeanor convictions expunged. • Judges have discretion on whether to grant expungements. Office of the Ohio Public Defender www.opd.ohio.gov
Expungement Law Changes – Page 2 • Current law stays in place. • If have eligible felony of the third degree or misdemeanor offense of violence may get one felony and one misdemeanor or two misdemeanors sealed. • Does not change sealing of dismissed cases. Office of the Ohio Public Defender www.opd.ohio.gov
BMV Day What is it? • Chance for individuals with suspended licenses to get re-instated. • Chillicothe Municipal Court, BMV, and OPD Ross County Branch participate. • Individuals get their traffic record run by the BMV. • They then meet with an attorney who reviews the traffic record with them and what is needed to get license valid. Office of the Ohio Public Defender www.opd.ohio.gov
BMV Day – Page 2 • Both Court and BMV will start payment plans and accept first payment. • If just owe court costs and re- instatement fees can leave with license. • Otherwise leave with information about how to get valid. • Court will grant privileges if suspension is out of their court. Office of the Ohio Public Defender www.opd.ohio.gov
OPD Trial Services Division • It was created March 2018. • Consists of: 1. The four county offices Athens, Ross, Trumbull, and Washington; 2. the five contract counties Adams, Brown, Fayette, Jackson, Pike and Pickaway; and 3. the Trial Department. Office of the Ohio Public Defender www.opd.ohio.gov
Trial Services Division – Page 2 • How we can help? 1. Trial Department can provide trial representation in death penalty cases and with conflict and difficult clients. 2. County Public Defender can request assistance directly from State Public Defender. 3. Will co-counsel with local counsel or provide both counsel for death penalty cases. 4. We can assist with questions and motions. Office of the Ohio Public Defender www.opd.ohio.gov
Trial Services – Page 3 Office of the Ohio Public Defender www.opd.ohio.gov
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