80% Release - Ohio Only

Release of an inmate after he or she has served 80% of his or her sentence. Certain inmates who meet release consideration requirements are eligible for court release consideration. Inmates serving less than a year are not eligible. Inmates convicted of certain crimes are not eligible. Please see codes.ohio.gov/oac/5120-2-15 for release consideration requirements and ineligible offenses.

Adult Protective Services

Adult Protective Services (APS) investigates abuse of elderly adults in Ohio who are age 60 and above. APS only investigates cases of adult abuse, neglect, or exploitation if the victim is 60 years of age or older.

Civil Action

A lawsuit by a victim in which the victim sues his or her offender, or a third party who may have been negligent or liable, for money damages.

Clemency

A pardon of a convict, typically granted by an executive of a state or nation.

Deposition

The questioning of a witness under oath prior to trial to elicit testimony.

Domestic Violence

No person shall knowingly cause or attempt to cause physical harm to a family or household member.
No person shall recklessly cause serious physical harm to a family or household member.
No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
Whoever violates this section is guilty of domestic violence.

 

Ex Parte

An "ex parte" hearing is a hearing in which only one party is present. For instance, when a crime victim petitions the court for a civil protection order, the court will hold an immediate ex parte hearing in which the court only hears the victim's story. Based upon only the victim's story, the court will decide whether to order a temporary civil protection order. 

Forfeiture

The loss of something as a penalty for criminal wrongdoing.

Habeas Corpus

A writ request filed by a prisoner asking a court to bring him forth because he feels he is unlawfully detained.

In Camera

A review of materials conducted by a judge in the judge's chambers. The parties to the case will not have access to the materials unless the judge releases the materials following the review.

Judicial Release

After a defendant has served a certain amount of his or her prison sentence, the prisoner may request that the judge from his or her case grant judicial release. Judicial release occurs when a judge releases an offender from prison prior to the offender serving his or her entire sentence.

K Non-Immigrants

Holders of a K visa are foreign fianc├ęs of US citizens.

Missing Child

A missing child or missing children means any child who has run away or is missing from the custody and control of a parent or guardian. It also means any child suspected to be a victim of a kidnapping offense.

Missing Child - Federal

The term “missing child” means any individual less than 18 years of age whose whereabouts are unknown to such individual’s legal custodian.

Missing Person (Adult)

 A missing person is an individual over 18 years of age who is either: mentally or physically disabled, is missing under circumstances that indicate his or her safety is endangered, or is missing under circumstances that indicate his or her disappearance was not voluntary.

MOE

Maintenance of Effort program related to temporary assistance for needy families (TANF). Maintenance of effort requires a state to spend a certain amount each year on services to needy families.

Parole

Parole is when an offender is released from prison prior to serving his or her entire sentence. In order to maintain parole, an offender usually must meet certain requirements. Failure to meet these requirements can result in an offender being placed back into prison.

Polygraph

Commonly known as a lie detector test, a device that measures biological signs to determine if the subject is being deceptive or not.

Post-Release Control

Post-release control is the control that the court system has over an offender who has been released from prison. Often, the court system may regulate the offender's behavior for a period of time beyond the offender's time served in prison.

Public Entity

The term “public entity” means any State or local government; any department, agency, special purpose district, or other instrumentality of a State or States or local government; and the National Railroad Passenger Corporation, and any commuter authority.

Qualified Expenses

"Qualified expenses" means: in cases of Internation Terrorism medical expenses, mental health expenses, property loss, funeral costs, and some emergency travel and lodging costs.

Qualified Individual with a disAbility

The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

Restitution

Compensation paid to a victim, by the offender, for losses or damages incurred as a result of the crime.

Severe Trafficking

Victims of severe trafficking means: 1) Sex trafficking victims in which a commercial sex act is induced by force, fraud, or coercion, OR in which the victim is a minor; or 2) the recruitment, harboring, or obtaining a person for labor through force, fraud, or coercion for the purposes of involuntary servitude or slavery.

Sexual Assault Nurse Examiner (SANE)

A sexual assault nurse examiner (SANE) is a nurse who has completed training in completing the examinations of victims of sexual assault and collecting evidence of sexual assault for future investigation and prosecution. 

Shock Parole

Parole in which an inmate is released after serving a short amount of time, typically about six months.

Subpoena

A court power that attorney’s may use to compel witnesses to be present and testify and/ or bring documents to court.

T Visa

A special visa only for victims of human trafficking.

TANF

Temporary Assistance for Needy Families.

U-1 Non-Immigrant Status

A special status with a special visa for victims of crime.

Unsealable Crimes

 

Ohio Revised Code (hereinafter “ORC”) §§ 2953.31—2953.35 are the relevant sections regarding the sealing of records of convictions. ORC § 2953.36 provides a list of all convictions to which the aforementioned sections do not apply. This memorandum will exhaustively list each conviction that cannot be sealed. Any conviction not expressly listed in this memorandum should be considered sealable under ORC §§ 2953.31—2953.35.

 

ORC § 2953.36 provides that the following convictions cannot be sealed:

 

Any conviction for which the offender is subject to a mandatory prison term.

Any conviction under the following sections:

2907.02 (Rape)

2907.03 (Sexual Battery)

2907.04 (Unlawful Conduct with a Minor)

2907.05 (Gross Sexual Imposition)

2907.06 (Sexual Imposition)

2907.321 (Pandering Obscenity Involving a Minor)

2907.322 (Pandering Sexually Oriented Matter Involving a Minor)

2907.323 (Illegal Use of a Minor in Nudity Oriented Material or Performance)

Chapter 4506 (Commercial Driver's License Laws)

Chapter 4507 (Driver’s License Laws)

Chapter 4510 (Debt Pooling Companies)

Chapter 4511 (Traffic Laws)

Chapter 4549 (Motor Vehicle Crimes)

Any conviction of a municipal ordinance that is substantially similar to any aforementioned chapter

Convictions of an offense of violence when the offense is a misdemeanor of the first degree or a felony AND when the offense is NOT a violation of:

2917.03 (Riot)

2903.13 if misdemeanor of 1st degree (Assault)

2917.01 if misdemeanor of 1st degree (Inciting to Violence)

2917.31 if misdemeanor of 1st degree (Inducing Panic)

Convictions on or after October 10, 2007, under the following sections:

2907.07 or a municipal ordinance substantially similar to the section (Importuning)

Convictions on or after October 10, 2007 under the following sections when the victim was under 18 years of age:

2907.08 (Voyeurism)

2907.09 (Public Indecency)

2907.21 (Compelling Prostitution)

2907.22 (Promoting Prostitution)

2907.23 (Enticement or Solicitation to Patronize a Prostitute; Procurement of Prostitute for Another)

2907.31 (Disseminating Matter Harmful to Juveniles)

2907.311 (Displaying Matter Harmful to Juveniles)

2907.32 (Pandering Obscenity)

2907.33 (Deception to Obtain Matters Harmful to Juveniles)

Convictions of an offense in circumstances in which the victim was under 16 years of age when the offense is a misdemeanor of the first degree or a felony, EXCEPT:

2919.21 (Nonsupport or contributing to Nonsupport of Dependents)

Convictions of a felony of the first or second degree

Bail forfeitures in traffic cases

 

Per ORC § 2901.01(A)(9), “offense of violence” includes violation of the following sections:

2903.01 (Aggravated Murder) (F1)

2903.02 (Murder) (F1)

2903.03 (Voluntary Manslaughter) (F1)

2903.04 (Involuntary Manslaughter) (F3 or F1)

2903.11 (Felonious Assault) (F2)

2903.12 (Aggravated Assault) (F4)

2903.13 (Assault) (M1)

2903.15 (Permitting Child Abuse) (F1 or F3)

2903.21 (Aggravated Menacing) (M1)

2903.211 (Menacing by Stalking) (M1)

2903.22 (Menacing) (M4)

2905.01 (Kidnapping) (F1 or F2)

2905.02 (Abduction) (F2 or F3)

2905.11 (Extortion) (F3)

2905.32 (Trafficking in Persons) (F1)

2907.02 (Rape) (F1)

2907.03 (Sexual Battery) (F3)

2907.05 (Gross Sexual Imposition) (F3 or F4)

2909.02 (Aggravated Arson) (F1)

2909.03 (Arson) (M1, F4, or F3)

2909.24 (Terrorism) one degree higher than underlying offense

2911.01 (Aggravated Robbery) (F1)

2911.02 (Robbery) (F2 or F3)

2911.11 (Aggravated Burglary) (F1)

2917.01 (Inciting to Violence) (F2, F3, or F4)

2917.02 (Aggravated Riot) (F3, F4, or F5)

2917.03 (Riot) (M1)

2917.31 (Inducing Panic) (F2, F3, F4, or F5)

2919.25 (Domestic Violence) (M4 or M1)

2921.03 (Intimidation) (F3)

2921.04 (Intimidation in a Juvenile Proceeding) (M1, F5, F4 or F3)

2921.34 (Escape) (M1, F5, F4, or F3)

2923.161 (Improperly Discharging a Firearm into a Home, School Zone) (F2)

2911.12(A)(1),(2),or (3) (Burglary) (F2 of F3)

2919.22(B)(1)-(4) (Endangering Children) (F2 or F3)

Former 2907.12 (Felonious Sexual Penetration)

Any violation of existing or former state, municipal, or federal law that is substantially equivalent to any aforementioned violation

An offense, other than a traffic offense, under any existing or former municipal, state, or federal law, committed purposely or knowingly, and involving harm to persons OR risk of serious physical harm to persons

Conspiracy or attempt to commit, or complicity in committing, any offense listed above

Victim of Severe Trafficking

Victim of severe trafficking means: 1) Sex trafficking victims in which a commercial sex act is induced by force, fraud, or coercion, and the victim is a minor; or 2) the recruitment, harboring, or obtaining a person for labor through force, fraud, or coercion for the purposes of involuntary servitude or slavery.

Writ of Mandamus

An extraordinary remedy that victims may apply for through counsel to seek enforcement of victims’ rights.