Expungement Clinics & BMV Days Helping clients deal with the - - PowerPoint PPT Presentation

Office of the Ohio Public Defender www.opd.ohio.gov

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

• ccurred.

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

Hamilton County Public Defender – Fresh Start Clinic

• Held twice a month. No

appointment needed.

• Both adult and juvenile records.
• Have clients fill out financial

affidavit to determine eligibility.

• File forms for clients and when

needed represent clients at hearings.

Ohio Public Defender - Juvenile Sealing Clinic

• Held at locations throughout

the state.

• Only juvenile records.
• Assist clients in filling out

forms.

• Clients do not fill out

financial affidavits to determine eligibility.

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 County Office Clinic

• Held in conjunction with

Common Pleas Court Probation Department

• Probation Department provided

record checks for applicants.

• Common Pleas Court agreed to

waive filing fees.

• Provided forms for clients to file

pro-se.

• Assisted client in filling out

forms.

• Did not go to court with

clients.

• Clients did not fill out

financial affidavits to determine eligibility.

• Held yearly.

Office of the Ohio Public Defender www.opd.ohio.gov

Getting Started

• How to sell the idea

1. Benefits to individuals; 2. benefits to community; 3. cost effective; and

• 4. many courts/clerks already

provide pro-se forms.

• Partners

1. Courts; 2. probation departments; 3. legal aid; and 4. job and family services.

• Forms

1. Look at what court/clerk provides; and 2. contact other offices who have clinics.

• Record Checks
• 1. Individuals can get copy of

record from county sheriff;

• 2. use online court dockets; or
• 3. partner with entity that has

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
• ffense 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