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Ask Hammer O'Justice Your Own Question

Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4021
Experience:  9 years legal experience, primarily in criminal justice
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Nov. 2005 I was charged with 2923.02(a) ORC, I since paid all

Customer Question

Nov. 2005 I was charged with 2923.02(a) ORC, I since paid all fines and fullfilled all requirements of the courts. I, upon advisement of my attorney, continued my education and graduated with my Assoc. In Nursing in Mar. 2008. During the background check my charge was brought up by the OBN (Ohio Board Of Nursing) and they denied my application pending a hearing. In Dec. 2008 My application for Sealing Record Of Conviction was approved and my case was expunged. The Board of Nursing was notified of this and a copy of my expungment was faxed. They called me today 1-30-09 to advise me they are proceeding with the hearing and intend to revoke both my Application for RN and my current LPN licence. They have now petitioned the Kettering Court to unseal my record. Can you advise?XXX@XXXXXX.XXX
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 5 years ago.
<p>Hello.</p><p> </p><p>Basically, since your motion to seal the records was granted, the burden is on the government to show that it has a legitimate need to retain your record in the system. If their motion is denied, then the licensing board should not be able to deny your license based on something that is no longer on your record. If you can afford it, you may want to consult an attorney to represent you at the hearing to oppose the government's motion to reopen your criminal record.</p>

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