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Alex J. Esq.
Alex J. Esq., Lawyer.
Category: Education Law
Satisfied Customers: 16558
Experience:  I am an Attorney with years of experience in Education Law related matters.
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We live in a small community outside of Columbus, OH. My

Customer Question

We live in a small community outside of Columbus, OH. My daughter goes to Fairbanks High School which is a mostly rural district.
The issue is that there is at least one student that is wearing clothing with the Confederate Flag displayed. He also has it on his phone case. I have talked to the principal and the superintendent and asked them to talk to him about it because the school dress code says that they cannot wear anything offensive but they have both told me that he has a 1st amendment right to wear it and it is not offensive to everyone.
It seems to me that my daughter should not have to sit in school with a symbol of hate towards her displayed and nothing being done about it. Wouldn't that fall into some sort of bullying? Racial intimidation or something similar and shouldn't the school have some sort or responsibility to protect her from that.
Submitted: 1 year ago.
Category: Education Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Unfortunately, confederate flag and its image / display is considered a historic symbol and that is why the school cannot legally force a student not to display on his own personal clothing or personal items and the school administration is correct to state that it is protected under the First Amendment and it is up to the local, county and state officials when it comes to publicly displaying confederate flags in public places, but they would not have any legal grounds to prohibit such display by private individuals / students.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 1 year ago.
Expert:  Alex J. Esq. replied 1 year ago.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Unfortunately, there is no legal way to speed up an expungement process and the Governor can only issue a full pardon, which would forgive convicted person for the crime and would preclude employers from using conviction against the pardoned person, but a handwritten letter would generally not help, beyond it being a personal reference from a government official.

So, generally, unfortunately, aside from letting your local attorney pursue resolution of this conviction and also obtaining personal character references from respected government officials / community members and offer of explanation of this misdemeanor conviction to any potential employer, I am afraid there would not be much else that can be done, until expungement is granted.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!