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How can I fight prosecutor in using a 2001 traffic ticket in ohio as a prior conviction to prevent my sealing of records?
Columbus, OH
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Posted 4 months ago in Criminal Defense
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I have a closed case on my record that I am attempting to get sealed. The prosecutors are fighting it under revised code 2953.31 and using 4549.02 as reason to request denial. In 2001 in Cleveland the mirror of my truck apparently hit someone elses mirror. I was not aware of this until I got a visit from that cities police department. They gave me a ticket and told me to appear in traffic court. I am finding out now that it was considered hit-skip. What can I do?
Answers (1)
Ronald S. Pichlik
This attorney is licensed in Michigan.
Posted 4 months ago.
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Statutes governing expungement of prior convictions vary from state to state. However, the statutes are usually very clear. If having a prior criminal conviction makes one ineligible for expungement, AND, the offense you refer to as a "hit-skip" is a criminal conviction than you will not be elgible to have your record expunged. If the prosecution is using a traffic/civil infraction, (which is not criminal), in trying to persuade the court to preclude your request to expunge than you simply have to be more persuasive in your appeal to the court. Submit affidavits and testimony from persons who have known you for years and can vouch for your good character. However, risking repeating myself; if the prior offense is a criminal offense, (even if it were a criminal traffic offense), you are probably automatically precluded from expunging your record.
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