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Possible to expunge "2903.11 ORC," Attempted Felonious Assault?

Cleveland, OH |

A few years ago, a friend of mine plead guilty to attempted felonious assault. Is it possible for him to expunge this conviction?

Attorney Answers 3

Posted

I was just reading a common pleas judge's opinion from this month about this very issue. I will attach a link below.

This opinion would not be binding on a Cuyahoga Common Pleas judge, but at least one judge finds that attempted felonious assault cannot be sealed/expunged. I think an argument could be made that attempted felonious assault is not a "crime of violence," but it would be an uphill battle. If your friend would like to consult about such a litigation, feel free to invite them to contact my office.

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Posted

No this charge is not expungeable.

Attorney Chris Beck
Beck Law Office, L.L.C.
Beavercreek, Ohio 45434
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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

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Posted

Most offenses of violence as listed in 2901.01(9)(a-d) cannot be sealed according to 2953.36(C) if they are felonies or misdemeanors of the first degree. Attempted felonious assault is an offense of violence according to 2901.01(9)(d) which says that attempts of, complicity to, and conspiracy to commit offenses of violence are also offenses of violence. See our link below to answer other expungement qualification questions.

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2 comments

Asker

Posted

What if the offense is an F3? This is from the docket: ON A FORMER DAY OF COURT THE DEFENDANT PLEAD GUILTY TO ATTEMPTED, FELONIOUS ASSAULT 2923.02/2903.11 A(1) F3 AS AMENDED IN COUNT(S) 3 OF THE INDICTMENT.

Colin R. Maher

Colin R. Maher

Posted

Still an F3 crime of violence so it cannot be expunged in my opinion. Colin R. Maher | The Maher Law Firm, LLC 614-205-2208 colin@columbusdefensefirm.com www.columbusdefensefirm.com CONFIDENTIALITY NOTICE: The information contained in this E-mail, including any attachment, is attorney-client privileged and/or confidential, intended only for the above named addressee. If the reader of this E-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any examination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately.

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