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Can I get two (2) misdemeanors of the 1st degree on different offenses expunged under new ohio law

Columbus, OH |

I have a misdemeanor in the 1st degree (M1 2006) aggravated menacing & misdemeanor in the 1st degree (M1 2010) assault. I have no pending cases or other criminal history in OH or any other state. I want to know can they be sealed so I can receive a promotion at my job

Attorney Answers 3

  1. As long as long as one year has passed since you were let off of probation, all fines and costs are paid, restitution paid, and jail served you may be eligible. The hurdle that you will have to overcome is proving to the judges that you have been satisfactorly rehabilitated. You can also not have anything else on your record. If you have another misdemeanor or felony on your record you are not eligible for anything to be expunged. I strongly suggest that you hire an attorney to assist you because of the hurdles that I anticipate you will encounter. Good luck.

    Attorney Chris Beck
    Beck Law Office, L.L.C.
    Beavercreek, Ohio
    (937)510-6110 phone
    (937)867-4111 fax

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner

  2. Under the new expungement law 2 misdemeanors are generally eligible to be sealed so long as they are not of the same offense and you have no other misdemeanor or felony convictions. However, offenses still must be of the eligible variety. One hurdle is that the offense must not be an offense of violence. Aggravated Menacing under R.C. 2903.21 is defined as an offense of violence. M1 Assault is usually eligible for sealing though.

  3. Mr. Mayo is correct that an aggravated menacing under R.C. 2903.21 is an offense of violence, and thus ineligible for sealing the record. Our firm is working on a pilot program to address such issues, and we believe that there is an avenue to eventually get this charge off of your record, albeit in a slightly non-traditional way. If you are interested in taking part in this program to see what options we have available for you, please contact our office and make an appointment to speak with me.

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