The vast majority of those convicted of curfew violations during the city's 2001 riots will have trouble getting the charges wiped from their criminal records.

        Statistics from the proposed expungement program of Cincinnati Community Action Now (CAN) show that many had extensive prior records, as well as other factors, that could hinder their chances to get an expungement.

        Of the people charged with 607 curfew violations, 44 had no prior traffic violations or other criminal charges filed against them, making them potentially eligible for having their curfew offense cleared from their records.

        But the remaining 556 — nearly 92 percent — do have records. And many of those records are surprisingly long, which makes it less likely they can win an expungement.

        Normally, Hamilton County grants about 1,000 expungements a year. If approved by a judge, the process erases a charge or conviction from a person's criminal record, making it as though the incident never happened. According to Ohio law, those convicted of serious drug- or violence-related offenses are not eligible for expungements.

        The CAN statistics show that 177 have at least 20 charges on record. Of that number, 41 had at least 30 charges, while 24 had at least 40 charges. And 26 had more than 50 charges on record.

        A closer review of those rap sheets shows that not all of the charges are serious or even convictions. Many are repeat traffic violations or petty crimes that don't involve violence. Some charges were dismissed by judges or ignored by prosecutors.

        “The issue of expungements in this situation is not just pulling everyone's record and saying "Oh my God, this guy's got 10 priors. He's out.' That's not fair any more than saying he's only got one prior is fair, because that prior could be a horrible, violent crime,” said Tom Gould, administrator for the Hamilton County Clerk of Courts.

        “This is a qualitative process, not just a numbers game,” Mr. Gould said. “It's a much more complicated process than the numbers game, but it's those numbers that create the real universe of who we look at.”

        At the request of CAN, Mr. Gould and the clerk's office compiled the statistics on those arrested for curfew violations in the days following the riots and civil unrest.

        Looting, violence and other disturbances erupted in the days that followed the April 7 death of Timothy Thomas, an unarmed African-American who was fleeing from police and was shot and killed by then-Cincinnati police officer Stephen Roach.

        In response to the unrest, city officials declared a curfew and called in assistance from other police departments.

        “Our goal is to help good people who do not have records of criminal activity to avoid having their curfew violations prevent them from being able to gain employment or to pursue further education. We believe that helping to enable these good people to pursue constructive, positive lives will make this a better city and will further reduce the taxpayer burden that grows when people are unable to support themselves, ” said CAN co-chairman Ross Love.

        He added that CAN hopes to inform those who are eligible for expungement about the process. If they choose to seek an expungement CAN may help coordinate volunteer legal assistance.

        “Our focus is on expungement, we have no interest in the subject of amnesty,” Mr. Love added. “We are not at all involved in helping those who were convicted of felonies or any violence-related offenses.”

        Ultimately, CAN officials are going to have to wade through thousands of court records to determine the lucky few who are eligible, under Ohio law, to have their prior criminal records expunged.

        “It's a big task in terms of time and scope, but we're talking about weeks as opposed to months before we are finished with the analysis,” said CAN co-chairman Tom Cody. “The bottom line is we want to put these young people in the same position they would be if they had the means to get their own private lawyers.

        “If this were you or I, our lawyers would have taken us through this process almost immediately,” he said. “A lot of these folks don't have that option available to them.”

        “People out here with more than 50 prior offenses — the odds are not good that they're going to get through the process,” Mr. Gould said. “It's hard to imagine that someone with that kind of driving record hasn't done something wrong ... There is a point when the sheer numbers alone take you out of the game.”

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