A few years ago, a friend of mine plead guilty to attempted felonious assault. Is it possible for him to expunge this conviction?
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.
Criminal Defense Attorney
No this charge is not expungeable.
Attorney Chris Beck
Beck Law Office, L.L.C.
Beavercreek, Ohio 45434
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DUI / DWI Attorney
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.