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I have 5 felony charges that were all part of the same case…

Customer Question
Hello, I have 5...

Hello, I have 5 felony charges that were all part of the same case 25 years ago, This took place in Ohio, can I have those sealed?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

They are theft charges, and receiving stolen property in ohio

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I found this from Ohio Ohio Expungement Statute. ORC 2953.31 provides that if a person was convicted of two or more crimes based upon the same action, then all of those convictions shall be considered “one conviction.” In other words, a series of 2 or 3 convictions out of the same case only count as one conviction under the expungement statute. (For example, if a person has 3 misdemeanor convictions out of one case they are counted as “one conviction”, that person would be eligible to have another conviction from a separate misdemeanor or felony case expunged.) This provision of the Ohio Revised Code does not extend to individuals who were charged or convicted of crimes that were committed months or years apart. If one is attempting to expunge and seal more than one conviction, Ohio courts have held that the convictions must be related to the same conduct or series of events.

Submitted: 7 months ago.Category: Criminal Law
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Answered in 6 minutes by:
12/6/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,435
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Were all of your five felonies committed at the same time, or was there a course of conduct over a 2-3 month period?

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Customer reply replied 7 months ago
Looking at the background check it looks like they are from the same time. These were over 25 years ago so hard to remember. The background check shows info from DEPARTMENT RECORD WAREHOUSE, and has very little info, For the most part they say nothing on file.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

The timing makes a difference, as the statute is specific. If the crimes all happened on the same day and stemmed from one set of incidents, you would be eligible to get your record sealed. If there was one course of conduct that occurred on many different dates, then since you would have more than 3 different occasions, you would appear not to be eligible for them to count as "one conviction" under the terms of eligibility in the expungement statute.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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