Legal Question in Appeals and Writs in Ohio

Expunged mistermeanor

In 2002 my boyfriend was charged with a 4th degree mistermeanor charge in the state of ohio, possesion. He had is license suspended for 6 months, $750 in fines and one year of probation. He was 18 then and now he is 23. I was wondering if it was possible to have this expunged? I didn't know if you had to wait 7 years for a mistermeanor...and if I was able to do that, how would I go about have this expunged?


Asked on 11/07/07, 10:41 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Expunged mistermeanor

Most misdemeanor offenses can be expunged if that is the only conviction on the offender's record. Any prior criminal offense, or any drunk driving prior offense, would disqualify.

Your boyfriend is eligible to apply for expungment 1 year after the end of any sentence -- including any term of probation -- imposed. Becuase the conviction was in 2002 he is almost certainly eligible now, provided he has no other convictions.

The Court is not required to grant expungment simply because he is eligible. Instead, the court must weigh his interest in having the record sealed against the State's interest in keeping it open.

Good luck!

Rich Cline

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Answered on 11/07/07, 10:57 am


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