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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90089
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I would like to get my record expunged of two misdemeanor charges,

Customer Question

I would like to get my record expunged of two misdemeanor charges, one in 1977 and one in 1989. How ever the court is in another county and I work week days in a different county making it difficult to file the papers during the week. Is there another alternative? The state is Ohio and county of offense is Hamilton.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 2 years ago.

Dear JACUSTOMER - If you have 2 charges you cannot get either of them expunged in Ohio. The expungement law only allows for on expungement and once you have 2 offenses you cannot take advantage of the law. Your only option is to apply for a pardon from the governor's office in Columbus. I have provided the website below for your convenience.

http://www.governor.ohio.gov/

Customer: replied 2 years ago.
Even though these charges are are over 25 years old? and not felonies? Also I di not see a pardon form on that link.
Expert:  Dave Kennett replied 2 years ago.
Yes Ohio is quite specific concerning expungement. Some state offer no expungement and I know of none that offer two chances. The purpose is to offer someone a chance to wipe their record clean if they make just one mistake however there are some crimes such as DUI that can never be expunged even if it the only offense. There are no forms for a pardon. It would require a written request to the governor's office from you or an attorney.
Customer: replied 2 years ago.
I cannot accept this answer since I have done extensive research with the ohio/hamilton county laws which do allow expungement of the two misdemenors that I have. However the logistics of getting to the court house was the only thing that was my issue which I thought you would have an answer for however I was wroung. You may want to familiarize yourself with those laws for others seeking help with this issue. As for me I feel that I wasted $30 on some information that is outdated or not known. I am even aware of individuals who have expunged felonies with existing misdemeanors. I would like to be referred to a specialist in the Ohio or Hamilton County laws OR given a refund.
Customer: replied 2 years ago.
Relist: Inaccurate answer.
Expert:  Dave Kennett replied 2 years ago.

Here is the Ohio statute. If you won't believe me maybe this will help.

http://codes.ohio.gov/orc/2953.32

Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, I have reviewed the previous experts answers and he is correct, in fact he actually practices criminal law in Ohio, but the statute provides expungement for first offender conviction. It is not for multiple convictions unless those multiple convictions happened in one incident. As such your previous expert was correct.

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