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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25543
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a drug abuse and petty theft conviction on my record.

Customer Question

I have a drug abuse and petty theft conviction on my record. How do I get that off, concealed , or expunged?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Ohio's expungement laws have broadened considerably that may be helpful to you. Under the new expungement law if you have only one felony conviction and no more than one unrelated misdemeanor, you can be eligible to apply for an expungement.
Keep in mind, however, that being eligible to apply does not mean that one automatically gets the expungment. Expungements are discretionary. Be aware that the same judge who sentenced you would be the one to preside over the expungment petition.
So, although technically an expungement can be done without a lawyer, you may not want to do this one yourself. There are lawyers who specialize in pardons, expungments and the restoration of rights, and you'd do better to have a lawyer "package you" for expungement purposes and argue the petition.
Here is some additional information about Ohio expungement and a link to the forms you would need:
http://www.opd.ohio.gov/RC_Casebook/expungement.htm
You can contact the Ohio Bar Association's Lawyer referral unit to find an expungement lawyer or use a commercial service such as Martindale.com.
http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=OH
If when you consult with an attorney he tells you that an expungement is out of the question, you can apply to the governor for a pardon.
You can read more about the pardon process here.
https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-514.aspx
If none of the other options above can succeed, the only other possibility for you would require hiring a lawyer and trying to reopen your old case to get it dismissed in the interest of justice. A judge has the power to dismiss a case under Equity when the law does not allow for it. They use these powers very sparingly and generally only to prevent an injustice. You would need to talk to a criminal lawyer who could bring the petition and determine whether this is a viable possibility for you.
Good luck!
Customer: replied 1 year ago.
I have no felonies. But it is preventing me from getting an apt along with a DISMISSED EVICTION. Please help me. I have 2 special needs kids and I need to get them into adequate housing.
Expert:  Zoey_ JD replied 1 year ago.
I'm sorry but we cannot represent customers. JustAnswer is not a law firm so the most we can offer is general legal information. I gave you a link where you can find an attorney who could handle the expungements. I also gave you a link where you could get the forms to do the expungement yourself.
Here are some further details for Ohio misdemeanor expungement:
http://ohioexpungementlaw.com/ohio-misdemeanor-expungement/
Landlords have an obligation to keep their premises safe for their tenants. Unfortunately, that allows them to do background checks and deny an apartment to those with previous criminal convictions. Not every rental requires such a background check, but for those that do, an expungement, dismissal or a pardon should help lessen the discrimination you find yourself up against.