Can i get my felony burlary charge sealed or expunged with a dui on my record also?

Asked over 3 years ago - Bluffton, OH

I was very intoxicated when I went into my aunts house through her window to sleep it off. I left very shortly because i felt horrible for it, I didnt steal anything or hurt anyone and would never do that. I then got a DUI charge before I was convicted of my burlary charge and I was just wondering if I can have these expunged or sealed? It has been almost 8 years and I am on very good terms with my aunt. She even babysits sometimes for me when I have to work. I have since quit drinking and doing anything of that nature. I feel I was misled by my attorney at the time because I feel I could have had a misdemeanor instead. I have been paying for this for 8 years and struggle everyday to support my wife and kids with a crappy job. I didnt physically harm anybody or steal anything.

Attorney answers (2)

  1. Patrick Sean Leary

    Contributor Level 10

    2

    Lawyers agree

    Answered . Generally, in Ohio, a Motion to Seal Records is only allowable if you are a "first time offender." However, in some certain instances, you may be able to argue that if the offenses were so closely related in time and circumstance, they they are part of a string of offenses and should be considered as one event for the purposes of the Sealing of the Record. It is a fine line that would need to be more closely examined by an attorney after having a full consultation with you regarding all of the facts related to those incidents. Contact a local attorney in your area that has experience with Motions for Sealing of Record.

    ~~~~~~~~~~ Patrick Leary is a licensed attorney in Ohio. Any answers provided by Mr. Leary in the Q&A Forum are... more
  2. Robert Louis Miller

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Thank you for your question.

    In California, where I practice, you can definitely get a conviction like what was described expunged. It can be sealed only if you were a juvenile at the time.

    I hope that this helps, but if you have any other questions, feel free to post here. It's my pleasure to help in any way that I can, and best of luck to you.

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