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

Asked over 1 year ago - 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)

  1. Donald Michael Gallick

    Pro

    Contributor Level 16

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    Answered . 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.

  2. Christopher Lee Beck

    Pro

    Contributor Level 19

    Answered . No this charge is not expungeable.

    Attorney Chris Beck
    Beck Law Office, L.L.C.
    Beavercreek, Ohio 45434
    (937)510-6110 phone
    (937)867-4111 fax
    attycbeck@gmail.com
    www.becklawofficellc.com

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  3. Colin R. Maher

    Contributor Level 9

    Answered . 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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