I had a conviction in 2009 in the State of Ohio and it was a felony. I cant go into too much detail but my case was so screwy. I had a public defender that wasnt worth anything and I was promised one thing and got the other through the system. I am currently in school and have one class left to get my degree. I am furthering my education in the law field and I am having so many problems trying to find a job. I have dui's and have just not made any good choices in my past. I am trying to move on, but it is hard. Is there a way to get my felony sealed?
Criminal Defense Attorney
Expungements have a required waiting time which, in the case of a felony, exceeds 10 years. Because the case was entertained recently, however, and since you allege that your prior attorney did not perform, you may be able to file a post conviction relief to have the case re-opened on the grounds of "ineffective assistance of counsel." However, the success rates of such proceedings is very low.
Criminal Defense Attorney
The short answer to your question unfortunately is NO, YOU WILL BE INELIGUBLE FOR EXPUNGEMENT, DUE TO YOUR PRIOR OVI CONVICTIONS.
The law in Ohio is that only "first offenders" are legally eligible to file a petition to expunge. A "first offender" is defined as someone whoo has not been convicted of a reportable crime in Ohio or any other State before or after the subject conviction. Unfortunately for you, your prior OVIs ABSOLUTELY count as prior convictions. As a result, you will not even clear the first hurdle of being a "first offender" anymore.
Speaking completely theoretically, if you could withdraw your pleas on the sprior OVIs, I guess you MIGHT have a chance to get back to "first offender" status again. But the REALISTIC chances of making that happen are ridiculously small!
I suppose you could also try to withdraw your plea on the Felony drug case, especially if it really was "a screwy case" like you said. That would be easier than trying to "undo" your prior OVIs. But remember that while it is permissable under Ohio Crim Rule 32, it is also 100% discretionary with the Judge. And trying to undo a case that is currently off the Trial docket can be very daunting!
I hope this answers your question. Good luck in your futuue endeavors.
Attt. Dennis A. DiMartino
1032 Boardman-Canfield Rd., Ste. 103
Youngstown, OH 44512-4238
330.629.9030 Ext. 111 Phone
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 Dennis.DiMartino@gmail.com
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