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Can an M1 domestic violence misdemeanor be expunged in Ohio?

Cincinnati, OH |


Attorney Answers 3


The short answer unfortunately is NO, you CANNOT expunge a DV conviction, regardless of level in Ohio.

DV is specifically listed as a crime to which O.R.C. 2953.31, the Ohio expungement statute, does not and cannot apply.

You only have two slim possibilities here. First, if you were originally charged with DV but plead to something lesser, say Disorderly Conduct, you might be able to expunge that lesser conviction. Second, if it were absolutely imperative that you NOT be convicted of DV, say if you are a police officer, you could attempt to withdraw your plea to DV. I should caution you, however, that this is extremely difficult and truly an uphill battle. As I said, you could try it, but there are no guarantees.

I know that this is not the answer you wanted to hear, but it is the current state of the law in Ohio. Regardless of whether you choose to try that route or not, I wish you the very best of luck.

Atty. Dennis A. DiMartino
1032 Boardman-Canfield Rd., Ste. 103
Youngstown, OH 44512-4238
339.629.9030 Ext. 111 Phone
330.629.9036 FAX

The above information is shared for educational and discussion purposes only. No Attorney-Client relationship is intended or established through your reliance on the information provided. If your legal rights could be impacted by using this information, you are urged to seek legal counsel before taking action. Atty. Dennis A. DiMartino 1032 Boardman-Canfield Road Suite 103 Youngstown, OH 44512-4238 330.629.9030 Ext. 111 Phone 330.629.9036 FAX

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My information says no.

Good luck.

Legal disclaimer: I am not your attorney and we have no attorney/client relationship. This response is submitted for informational purposes only. This is not legal advice, nor is it intended to be taken as such. Anyone considering the above referenced response and should always consult directly with an attorney within your jurisdiction before taking any action based on this, or any other information. This information is provided without any cost and therefore is worth what you paid for it. Again this information does not create any privileged attorney/client relationship and you are cautioned about information you convey to any person in a public forum.

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