Legal Question in Criminal Law in Ohio

I'm a minor from Ohio and I was just recently caught selling a small amount of marijuana and I'm being charged with a drug trafficking felony. I'm not a drug dealer and that was a one time thing (I know this doesn't matter in court but I just want to clear the air). I was wondering does this crime get sealed with my record when I turn 18 and what type of penalties I may be facing? Or does it Also I was wondering (seeing how as California usually sets the public policy mood) if Ohio in the future legalizes the recreational use of marijuana (such as California might do in November) if this crime may be completely erased from my record?

I do realize that marijuana is illegal but maybe I'm just stuborn because I just don't understand why it is. My grades are fine, I play sports, and I've never been convicted of another crime which makes me wonder why a bit of marijuana is going to scar my record...


Asked on 5/16/10, 6:58 pm

1 Answer from Attorneys

Neil Rubin Neil S. Rubin, Attorney at Law, LLC

Lots of issues here. You need to hire an attorney and soon! I will attempt to give you a general answer.

Last things first: Do not look to California to set public opinion in Ohio. I do not see the selling of pot being decriminalized any time soon in this state. Also, from personal family experience and education I can tell you that pot smoking by persons under the age of 25 WILL affect neuro-chemistry long-term in a negative way by not allowing the brain's frontal cortex to develop correctly. The younger the smoker the worse the development will be.

As for your trafficking case, you do not specific the degree of felony. For the purposes of this answer I will assume an F5 charge--the lowest level. (Trafficking can go all the way up to an F1). If you were 18 or over you would be looking at up to 12 months in jail and a $2500 fine. But since you are juvy, the Court has greater discretion for sentencing and may be amenable to probation and sealing the record after your probation period is over. Most likely--if what you say is true, an attorney can plead this down to a Misdemeanor 1. Further, you may be eligible for a diversion program which means there is no conviction entered on your record at all. (SO GET AN ATTORNEY.)

Be advised, however, that crimes penalized by the justice system never really go away even if sealed. If you were to apply to certain jobs that required some sort of security clearance, somewhere, somehow, someone will find out. Your indignance notwithstanding, this is serious stuff and CAN mess up your life if you are not careful.

Neil Scott Rubin

Attorney at Law, LLC.

P.O. Box 691

Twinsburg, Ohio 44087

phone: 216-923-0333

fax: 330-405-0907

email: [email protected]

This posted message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

Read more
Answered on 5/22/10, 11:38 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio