Rule 19: Reporting to Law Enforcement & Compliance Plan
As required by Sup.R. 3.04, the Franklin County Municipal Court has adopted the following Reporting to Law Enforcement & Compliance Plan. This plan was developed in conjunction with the Franklin County Municipal Court Clerk of Court, law enforcement agencies, and other justice system partners.
The Court has a duty to ensure complete, accurate, and timely submission of information into the state’s computerized criminal history repository at the Bureau of Criminal Investigation (“BCI”), the Ohio Law Enforcement Automated Data System (“LEADS”), and other law enforcement databases. The purpose of this rule is to help ensure complete, accurate, and timely submission of information into the state’s computerized criminal history repository at BCI, LEADS, and other law enforcement databases.
19.01 Obtaining & Reporting Fingerprints
(A) – General statement of law
Law enforcement is required to fingerprint defendants when they are arrested for any felony, any misdemeanor that escalates to a felony based on subsequent convictions, and any misdemeanor referenced in R.C. 109.60(A)(1). If law enforcement does not obtain fingerprints of a defendant charged with any of the foregoing, at the initial appearance the Court is required to order the defendant to be fingerprinted. R.C. 109.60(A)(2). The Court must also inquire at the time of sentencing whether the defendant’s fingerprints were obtained, if required. If fingerprints were not obtained prior to sentencing, the Court must order the defendant to be fingerprinted. R.C. 109.60(A)(3).
The Clerk’s Office is required to submit disposition information to BCI at least every week regarding cases with charges that require fingerprinting. R.C. 109.57(A)(2).
(B) – Law enforcement agency procedures
Practices regarding fingerprinting at the time of arrest vary among the numerous law enforcement agencies within Franklin County. The Court and Clerk’s Office maintain a list of which agencies take fingerprints for their cases with charges that require fingerprints. Some agencies take fingerprints at their own facilities before bringing defendants to the Franklin County Jail, other defendants are fingerprinted by the Franklin County Sheriff’s Office (“FCSO”) at the Franklin County Jail.
Once fingerprints are obtained, an Incident Tracking Number (ITN) is automatically generated by the agency’s fingerprint terminal. When fingerprints are obtained by law enforcement at the time of arrest, that agency must transmit the ITN and corresponding fingerprint data to the Clerk’s Office as well as to BCI. Those agencies that take fingerprints at their own facilities send ITN and fingerprint data to the Clerk’s Office by sending BCI Form 2-71 by interoffice mail. FCSO sends ITN and fingerprint data to the Clerk’s Office by email with a spreadsheet of relevant information in addition to a BCI Form 2-71 for each defendant fingerprinted. Agencies send this information to the Clerk’s Office on a daily basis, as needed.
(C) – Clerk’s Office procedures prior to initial appearance
Promptly after receiving ITN and corresponding fingerprint data from law enforcement, the Clerk’s Office matches them to the relevant case by inputting the ITN into the case management system (“Courtview”). Charges that require fingerprinting are designated within Courtview and the corresponding NextGen online access portal to reflect that fingerprints are required for those charges. When no ITN is recorded in Courtview for a case with charges that require fingerprints, a banner alert appears on the top of the page for the case on NextGen. This ensures it is easy to identify when required fingerprints have not yet been obtained on a case.
When the Clerk’s Office prepares cases for the next day’s Courtroom 4C docket, if a case requires fingerprinting and no ITN is recorded for the case in Courtview, the Clerk’s Office prepares an order for the presiding judge’s signature ordering the defendant to be fingerprinted at the Courthouse fingerprint station. In these instances, the Clerk’s Office also inputs information for the case into the digital fingerprint terminal (see below), in anticipation that the defendant will be ordered to be fingerprinted. This advanced preparation makes the process of obtaining fingerprints during the next Courtroom 4C docket faster.
(D) – Fingerprint station procedures
The Franklin County Municipal Court and Clerk of Court have collaborated with the Ohio Attorney General’s office to obtain a digital fingerprint terminal from an approved vendor and have implemented a program to use the terminal in a secured location within the Courthouse to obtain defendants’ fingerprints onsite, particularly when ordered by a judge during initial appearances in Courtroom 4C.
The Court has designated the Judicial Bailiffs, who are under the authority of the Court, to take fingerprints and submit them with their corresponding ITN to BCI using the digital fingerprint terminal.
For cases with charges that require fingerprinting, the Court Support Bailiff who checks defendants in for the Courtroom 4C docket double checks that an ITN has been recorded in Courtview. If not, and if no order has been prepared yet, the Court Support Bailiff will prepare an order for the presiding judge’s signature.
The secured location where fingerprints will be obtained will be staffed by a Deputy Clerk between 9:00 a.m. and 11:00 a.m., Monday through Friday. When the Judicial Bailiff uses the digital fingerprint terminal to obtain and submit fingerprints and corresponding ITNs to BCI, the Deputy Clerk will input the ITN into Courtview in the same fashion outlined in Local Rule 19.01(C).
(E) – Inquiry at sentencing
In cases where the defendant is charged with an offense requiring fingerprinting, the Court will inquire at the time of sentencing whether the defendant has been fingerprinted. If fingerprints are required and have not been obtained, the Court will order the defendant to be fingerprinted.
When Court and Clerk staff are available, the defendant will be ordered to appear at the fingerprint station on the fourth floor. Otherwise, the defendant will be ordered to appear before law enforcement within twenty-four hours to be fingerprinted.
(F) – Environmental Division procedures
When a defendant makes an initial appearance before the Environmental Division on a charge for which fingerprints are required, the defendant will be ordered to be fingerprinted.
When Court and Clerk staff are available, the defendant will be ordered to appear at the fingerprint station on the fourth floor. Otherwise, the defendant will be ordered to appear before law enforcement within twenty-four hours to be fingerprinted. In the latter scenario, law enforcement should send the ITN and corresponding fingerprint data to the Clerk’s Office in the same manner outlined in Local Rule 19.01(B).
(G) – Clerk’s Office procedures for reporting to BCI
For cases with charges that requiring fingerprinting, the Clerk’s Office submits reports of disposition information to BCI twice per week. The information is submitted electronically. The information includes:
• Incident Tracking Number
• Style and number of case
• Date of arrest, offense, summons, or initial appearance
• Date of disposition (conviction, guilty plea, not guilty finding, dismissal, mistrial in which defendant is discharged, not competent finding, and any other final determination)
• The original charge, including the Ohio Revised Code section
• Terms of any sentence and/or probation imposed
• Statement in the summary if the offense involved the disarming or an attempt to disarm a law enforcement officer
(H) – Miscellaneous
When a felony CRA case is dismissed for indictment or ordered bound over to the Franklin County Common Pleas Court, the Clerk’s Office images the physical case file and electronically files the PDF of the case documents with the Franklin County Court of Common Pleas. The Clerk’s Office also sends any ITN and corresponding fingerprint data for the case. If bond has been posted on the case, a check is personally delivered to the Common Pleas Clerk’s Office by a Deputy Clerk.
(I) – Quality assurance procedures
The Clerk’s Office takes steps to correct any issues with disposition information upon request by BCI.
19.02 Notifying Law Enforcement Agencies of Mental Illness, Crim.R. 39
(A) – General statement of law
Regarding defendants who pled guilty or were convicted of an offense of violence, a Form 95 (Criminal Rules Appendix of Forms) must be completed when an order requires a mental health evaluation or treatment for mental illness. Form 95 must be completed whenever such an order is issued, modified, or terminated. A Form 95 must also be completed when approving conditional release for a person who was found not guilty by reason of insanity. See R.C. 2929.44 and 2945.402.
(B) – Completion of Form 95
When a Form 95 must be completed in relation to a defendant who is on probation, staff within the Probation Department will complete the Form 95. In all other situations, the Form 95 will be completed by staff within the Court Support Department.
(C) – Sending Form 95 to law enforcement
Once completed, the Clerk’s Office will docket a copy of the Form 95. The Clerk’s Office will route the Form 95 to the local law enforcement agency for the municipality where the underlying offense occurred, or to the Franklin County Sheriff’s Office when the offense did not occur in a municipality. The law enforcement agency that receives the Form 95 enters it into the “National Crime Information Center Supervised Release File” through LEADS pursuant to R.C. 2929.44(B) and 2945.402(E)(1).
19.03 Reporting of Protection Orders; Brady Disqualifier
(A) – General statement of law
When issuing, modifying, or terminating a Criminal Protection Order (R.C. 29013.213), Domestic Violence Temporary Protection Order (R.C. 2919.26), or No Contact Order (Crim.R. 38), a Form 10-A must be completed and sent to the local law enforcement agency that filed the underlying charge.
(B) – Standard protection order forms
The Court uses standardized forms created by the Supreme Court of Ohio for issuing Criminal Protection Orders, Domestic Violence Temporary Protection Orders, and No Contact Orders.
(C) – Completion of protection order forms
When any of the orders listed above are to be issued, the prosecutor or victim advocate fills out the appropriate form. The presiding judge completes certain portions of the form, as needed, consistent with their orders (e.g., end date of probation, prohibiting possession of weapons, etc.). After the presiding judge signs the form, the defendant will be asked to sign it. The Courtroom Deputy Clerk dockets and images the order.
When a defendant is in custody at the Franklin County Jail and a Criminal Protection Orders or Domestic Violence Temporary Protection Orders is issued, the order is served on the defendant by the Franklin County Jail staff. For No Contact Orders, and whenever a protection order is issued and the defendant is not in custody, the Judicial Bailiff will make a copy of the order and serve it on the defendant by providing them with a copy.
Criminal Protection Orders and Domestic Violence Temporary Protection Orders remain in effect if the Municipal Court case in which they are issued is bound over to Common Pleas Court or dismissed for indictment of a felony arising from the same incident underlying the Municipal Court case. R.C. 2903.231(D)(3), R.C. 2919.26(D)(4). In these instances, the Clerk’s Office dockets a “Notice to Clerk of Courts” form to the Municipal Court case and sends that form to Common Pleas Court so that the order stays in effect for the time period prescribed by law as if it were issued by Common Pleas Court.
(D) – Completion and routing of Form 10-A; Brady disqualifier
When any of the protection orders listed above are issued, modified, or terminated, the prosecutor or victim advocate will complete a Form 10-A, and then the presiding judge will sign it. The Courtroom Deputy Clerk dockets and images the Form 10-A and routes the original copy to the local law enforcement agency that filed the underlying charge.
A copy of the underlying protection order must be sent with the Form 10-A. The receiving local law enforcement agency will enter the order into the “National Crime Information Center
Protection Order File” through LEADS. This process facilitates nationwide enforcement of the above orders.
The federal Brady Handgun Violence Prevention Act restricts certain individuals’ rights regarding firearms and ammunition, including persons subject to Court orders that meet the criteria stated in 18 U.S.C. 922(g)(8). Three questions about these criteria are listed on Form 10-A. Answering each question “yes” triggers application of the Brady disqualifier. The criteria are:
1. Whether the order protects an intimate partner or child(ren)?
2. Whether the defendant had notice of and opportunity to participate in the hearing regarding issuance of the order?
3. Whether the order finds the defendant a credible threat or explicitly prohibits physical force?
For No Contact Orders, if probation ends on the date originally ordered at the time of sentencing, no new Form 10-A will be completed because the No Contact Order will be automatically removed from LEADS. The Clerk’s Office will docket the code “NCOMOD” any time a new Form 10-A is completed. Probation Department staff will run “Daily Filing” reports to double check that a Form 10-A has been completed when required; if not completed, they will follow up with the presiding judge.
19.04 – Misdemeanor Crimes of Domestic Violence; Brady Disqualifier
(A) – General statement of law
The federal Brady Handgun Violence Prevention Act restricts certain individuals’ rights regarding firearms and ammunition. Among others, the Brady disqualifier applies to persons convicted of “misdemeanor crimes of domestic violence” as defined by federal law. 18 U.S.C. 922(g)(9) & 18 U.S.C. 921(a)(33).
Misdemeanor crimes of domestic violence that trigger the Brady disqualifier include more than just convictions under R.C. 2919.25. A misdemeanor crime of domestic violence includes any misdemeanor involving “use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, by a person similarly situated to a spouse, parent, or guardian of the victim, or by a person who has a current or recent former dating relationship with the victim.” 18 U.S.C. 921(a)(33). According to the Federal Bureau of Investigation, convictions for the following charges could meet the federal definition of misdemeanor crime of domestic violence, depending on the facts of the particular case:
• Domestic Violence, R.C. 2919.25
• Assault, R.C. 2903.13
• Disorderly Conduct, R.C. 2917.11(A)(1) and (4)
• Endangering Children, R.C. 2919.22(B)(1)
• Corrupting Another with Drugs, R.C. 2925.02
• Corruption of a Minor/Unlawful Sexual Conduct with a Minor, R.C. 2907.04
• Riot, R.C. 2917.03
• Sexual Imposition, R.C. 2907.06
• Unlawful Restraint, R.C. 2905.03
(B) – Advisement before accepting plea; Form 10.04-A
Before accepting a guilty plea or no contest plea to a charge that is an offense of violence when the complaining witness is a family or household member, as defined by R.C. 2943.033(A) and (B), the Court must inform the defendant they may be subject to the Brady disqualifier as a result of the plea. R.C. 2943.033 and Crim.R. 11.1.
The Court uses Supreme Court of Ohio Form 10.04-A (“Notice Concerning Possession or Purchase of Firearms”) to inform defendants they may be subject to the Brady disqualifier based on pleading guilty or no contest to a misdemeanor crime of domestic violence.
(C) – Noting complaining witness relationship to defendant
When a defendant has pled guilty or been convicted of a charge that could meet the federal definition of “misdemeanor crime of domestic violence,” the Court should note on the sentencing entry the relationship of the complaining witness to the defendant, e.g., current spouse, parent, recent former dating relationship, etc. This will help ensure that the Court’s records reflect information needed by federal authorities to administer the Brady program. The Federal Bureau of Investigation may contact Court system staff to inquire about certain convictions during the three days they have to conduct records checks for persons seeking to purchase firearms, and the relationship between the complaining witness and the defendant is often the most important piece of information they will be seeking to obtain.
19.05 – Reporting to the Ohio Department of Public Safety
(A) – General statement of law
When a defendant is convicted of or forfeits bail in relation to a violation of R.C. 4511.01 to 4511.771; R.C. 4513.01 to 4513.36; or any other law or ordinance regulating operation of vehicles on highways or streets, the Clerk’s Office must forward to the Bureau of Motor Vehicles via secure electronic format a certified abstract of the records for the case using the appropriate form. The abstract must be sent within seven days of the conviction or bail forfeiture. R.C. 4510.03.
When a defendant is convicted of or forfeits bail in relation to a violation of R.C. 4511.01 to 4511.78; R.C. 4511.99; R.C. 4513.01 to 4513.37; or any other law or ordinance regulating operation of vehicles on highways, the Clerk’s Office must forward to the Department of Public Safety a certified abstract of the records for the case using the appropriate form. R.C. 4513.37.
When a defendant is convicted for a violation of R.C. 4511.19(A) or (B), R.C. 4511.194, R.C. 1547.11, or of a municipal ordinance substantially equivalent to any of the foregoing, the Clerk’s Office must report information about the defendant to the Department of Public Safety within 30 days of the conviction. R.C. 5502.10.
(B) – Reporting to BMV, Quality Assurance
The Clerk’s Office transmits records and reports to the Ohio Bureau of Motor Vehicles and Department of Public Safety twice every week via the Bureau’s File Transfer Protocol.
To assure quality, the BMV rejects submissions with inconsistent information, the Clerk’s Office then corrects the records and sends the records back to the BMV via the File Transfer Protocol, via the BMV’s UTT, or manually emailing a modification order.
19.06 – Reporting Sealings and Expungements
(A) – General statement of law
Sealing and expungement of official records of criminal records in the Franklin County Municipal Court are governed by Chapter 2953 of the Ohio Revised Code. When the Court orders record sealing or expungement, notice of the order is sent to any agency that may possess official records subject to the order, as required by statute.
(B) – Notification to victims
As required by R.C. 2930.171(A), not less than sixty days before a hearing on a record sealing or expungement application under Chapter R.C. 2953, the Court via the Clerk’s Office notifies the applicable prosecuting attorney of the application. Then, the prosecuting attorney provides timely notice to any victim of a criminal offense for which the applicant was incarcerated if the victim requested notice and maintains current contact information with the prosecutor.
As required by R.C. 2930.171(C), upon ruling on an application to seal or expunge a conviction, per the terms of the Court’s order, the Clerk’s Office serves the prosecutor with a copy of the entry ruling on the application. The prosecutor then promptly notifies the victim of the outcome.
(C) – Notification to BCI, BMV, and Law Enforcement
As directed by the Court’s order, the Clerk’s office sends notice of every sealing and expungement order to BCI, the police agency that filed the charges, the Bureau of Motor Vehicles, and the Franklin County Sheriff's Office. Notices are sent by the Clerk’s office either electronically, by interoffice mail, or by regular mail. It is the goal of the Clerk of Court to send all such notices electronically in cooperation with law enforcement agencies.
Upon receiving the Court’s order, each entity with official records relating to the case is responsible for sealing or expunging its own official records, as required by the terms of the order and by R.C. 2953. Law enforcement is responsible for effecting sealing and expungement orders in LEADS.
(D) – Clerk & Court process for sealing records
When the official records of a criminal case are ordered to be sealed, the Clerk’s Office follows internal protocols to make the records no longer accessible by the public. This includes making changes to the records within the case management system and to the physical file.
Court and Clerk’s Office staff receive training regarding the effect of record sealing orders to ensure sealed “official records” are no longer accessible to the public. R.C. 2953.31. Sealed official records may still be accessed, upon request, in certain circumstances outlined by statute. See Section F, below.
(E) – Clerk & Court process for expunging records
Upon receipt of an expungement order from the Court, the Clerk’s Office seals the record for 45 days to ensure that the record is not destroyed before the time to appeal has elapsed. After forty-five days, as required by R.C. 2953, the Clerk’s Office expunges the record by destroying, deleting, or erasing the record as appropriate for the record’s physical or electronic form or characteristic so that the record is permanently irretrievable.
(F) – Procedures for seeking access to sealed records
Individuals seeking to inspect sealed records must make a showing that they are entitled to inspect said records pursuant to R.C. 2953.34. Sealed records will not be released to anyone for any reason other than those specified in R.C. 2953.34. Pursuant to R.C. 2953.34(A)(3), the subject of a sealed record and their legal representative may inspect sealed records. To do this, subjects of sealed records are required to show identification proving their identity before release. An attorney of the subject of a sealed record may inspect said records if the attorney provides a notice of appearance.
Expunged records cannot be released to anyone for any reason, as they have been destroyed.