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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33804
Experience:  16 yrs. of trial experience
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In 2008 I was convicted for marijuana possession under Ohio

Customer Question

In 2008 I was convicted for marijuana possession under Ohio statute 2925.11

I plead guilty and paid the fine after being told by both the prosecuting attorney and judge that it "only one step up from a traffic ticket" and that I wouldn't have to disclose it on any employment applications. However, it has been 5 years and I am having an extremely difficult time finding work even after completing an MBA. I have filled out hundreds of applications and I believe made a very good impression in the interviews I have managed to secure. I have not been able to progress beyond the background check stage of hiring and have none of the HR managers I have contacted have responded when I inquired about possible reasons for passing me over for employment.

Because I was told by both the prosecutor and the judge that I should not put the conviction on any employment applications, I have not disclosed it to any potential employers. Do I have to disclose this conviction? Is there anything that I can do to expunge the conviction from my record if I discover that it is keeping me from finding employment?
Submitted: 3 years ago.
Category: Legal
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Ohio statute 2925.11 is the section of the OH Code that deals with drug offenses. Under this section of the code, possession of less than 100 grams (less than a 4 ounces) of marihuana is a minor misdemeanor.

So that would be, technically, "one step up from a traffic ticket"

But it is also, technically, a misdemeanor. It is a criminal offense...and it will show up on a criminal background check.

So you would want to disclose this conviction.

Now...can you have this conviction expunged? can...IF this was your first and only criminal conviction. OH law allows for expungement of certain convictions, and possession of marihuana would qualify.

II am attaching a pamphlet from the state of OH that covers the process to apply

Link text

Let me know if you have more questions...happy to assist if I can