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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 551
Experience:  Attorney and Counselor at Law
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My grandson was fourteen in 2012, North Ridgeville, Ohio. He

Customer Question

My grandson was fourteen in 2012, North Ridgeville, Ohio. He was walking home from school and opened someone's vehicle, looked around then just closed the door taking nothing. A neighbor saw him and called the police. He was taken in for Criminal Trespassing but never put in a holding cell or anything. We were referred to Juvenile and he was sent for community service and the matter was dismissed. The Juvenile Court record reflect "no record". The Police Record reflect M1. Now my grandson is an honor student looking to join the Air Force in a high computer job, but they won't allow it with the M1 classification on the Police Record. Was his offense really M1? Even the Air Force is questioning that. They thought maybe M2,3,4 but not M1. Any other class would have been ok. Can this M1 be changed on the police record?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

I will be happy to help you with your questions.

Expert:  Colleen Grady replied 1 year ago.

Can you tell me what county in Ohio you live in and what the name of the police department is?

Expert:  Colleen Grady replied 1 year ago.

Do you have the section he was charged with? Do you have sentencing papers?

Expert:  Colleen Grady replied 1 year ago.

You can correct a criminal record in Ohio. If there are problems with your state record, you can contact the Bureau of Criminal Identification and Investigation (BCI). You can correct an inaccurate state record by getting a certified court record and sending it to BCI with a cover letter listing the corrections that need to be made. So the first thing you need to do is go to the Clerk of the Court and ask for a certified court record showing what he was convicted of and the sentence. Send this to BCI with the corrections your grandson wants made. I have attached a sample letter you can use. Once the record is fixed at the state level with the BCI, the corrections will instantly be recognized by the FBI.

You should also consider bringing a motion to seal these records if the case was dismissed. That means he has "no criminal record" and he will get arrest records back.

Expert:  Colleen Grady replied 1 year ago.

Your grandson is eligible for sealing his records if he has one misdemeanor. I will tell you how to go about this. Are you in Lorain County and was this the court that dismissed his case? If so you can go to the clerk of this court and find out the following: a) the case numbers of the dismissed case; b) the name (e.g. unlawful entering of car, theft) and degree (e.g. 1st degree misdemeanor or ‘M1’) of each of your offense; b) the date the case was dismissed; and c) the date you completed your entire sentence if any (probation completed, fines paid). You can go in person, call by telephone, or, in many counties, search the clerk’s website. Ask the clerk for their expungement or sealing record forms.It is important to review them in case the court you are dealing with has specific way of doing things. The clerk may have different forms for sealing convictions, dismissals, or acquittals, so make sure you get the right packet of forms. Also ask how many copies of the forms you will need to file. Complete the application forms and make the copies the court needs, along with an extra copy for yourself. File the Application. Bring the completed forms and copies back to the clerk’s office. You must file in the county where the case was handled. Also, you may need to pay a $50 fee for filing an application to seal a conviction record (check on the amount with clerk). However, filing an application to seal a record of dismissal is usually free.

When you file your papers a hearing may be scheduled right when you file or later in the mail. The judge will also notify the prosecutor of your hearing date. If the prosecutor does not want the judge to seal your record, the prosecutor may file an objection that includes specific reasons before the hearing. Between when you file and the hearing date, most courts ask their probation department to verify that you are eligible; that may include running a national criminal background check. The probation department may call you with questions during this time as well. Prepare what your grandson will say in court on the day of the hearing. A judge is required to decide whether you have been rehabilitated before sealing your record. If the prosecutor objects, the judge is also supposed to weigh whether it is in the public interest for your record to be sealed. So, your grandson should be prepared for the judge to ask you what he has been doing since he was charged and why he wants the record sealed (to go in military. The judge wants to hear that your grandson is going to school, working, volunteering, being a good citizen. At the hearing, the judge will listen to your reasons for requesting that your record be sealed and will listen to any objection from the prosecutor. If this was dismissed, the judge will probably grant the request for sealing. The judge usually decides whether or not to seal your record at the hearing. However, if the judge decides after the hearing, you will be notified by mail.

If you need any more information, let me know. If you are satisfied with my assistance, please rate my service. I wish your grandson luck!