Legal Question in Criminal Law in Ohio

felony record

I have a felony record for a conspiracy of a mariquana charge. I did my time/probation already and is their anyway to get it taken of my records


Asked on 3/03/09, 4:08 pm

2 Answers from Attorneys

Joseph Jacobs Jacobs & Lowder

Re: felony record

It has to be the only criminal conviction of your life, then wait three years after your probation is over, and you can get it sealed, that is, expunged...if you have another conviction other than this, the only thing you can do is to ask the judge for a provision that restores your rights to own a weapon...if that's any interest to you.....feel free to contact me directly for any more info....216.952.1990

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Answered on 3/06/09, 11:38 pm
Richard Cline Office of the Ohio Public Defender

Re: felony record

You indicate that you have one conviction for a felony drug offense (marijuana). If that is the only conviction you have ever had (felony or misdemeanor), and if you have not had any disqualifying traffic offenses (like OVI) then you should be eligible to file for an expungment of the record of conviction.

An expungment seals the record and, for most purposes, it is as if the conviction never occurred. The expungment process requires that you file a motion with the court where the conviction ccurred. The trial judge will first determine whether you meet the statutory criteria for an expungment. If you do, the trial judge will then weigh your interest in having the record sealed against the public's interest in keeping the record open.

This means that the judge has the discretion to grant or deny your application for expungment. Therefore, you want to provide the court with all of the best information available to support your motion.

If you would like help with this matter, please give me a call.

Rich Cline

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Answered on 3/03/09, 4:29 pm


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