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Two misdemeanors from two separate occasions.

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December 5, 2010


Utsuwa

Hi,

I
have two misdemeanors from two separate occasions. 2007 and 2009.
Telecommunications harassment and theft, respectively. Is it still
possible to expunge/seal/pardon/overturn my record(s)/conviction(c) with two convictions
for purposes of work and/or travel? Neither are classified as violent
and I never intentionally set out to commit a crime. But I doubt that
matters.

I'd like to move to Canada in the near future for work, and vist Japan for vacation someday. But I am finding out even a single misdemeanor can hinder if not completely halt those plans entierly

With two misdemeanors on my record what are my options? Do I even have any options?

Thank You,

Utsuwa

January 7, 2011


Greg Mathews

Thank you for your recent inquiry.  Based on the information you provided, it appears you do not qualify for an expungement under Ohio law.

In Ohio, only first-time offenders can qualify for an expungement.  If a person has two or more criminal convictions that stem from the same incident, depending on those convictions, he/she may qualify.  However, if a person has two or more criminal convictions that stem from different incidents (including OVI or DUI), that person would not be considered a first-time offender and would notqualify for an expungement of any conviction.  Because you have more than one criminal conviction that stemmed from different incidents, it appears you would not be considered a first-time offender and would not qualify for expungement.

There is a procedure to set aside previous guilty pleas and reopen the case. However, if you were represented by counsel and you signed right weavers at your hearings, it would be very unlikely that you'll be successful in this type of action. There is another procedure known as a governors pardon. These are granted only on exceptional cases and there are only a few of those granted each year by the governor.  Thank you for your inquiry.

Sincerely,

Gregory B. Mathews, Attorney

FUSCO, MACKEY, MATHEWS & GILL LLP

655 Cooper Road

Westerville, Ohio  43081

614-523-7575  Phone

614-523-7580  Fax

Email:  greg@ohiolaws.com

http://www.ohioexpungementlaw.com

http://www.ohiomunicipalcourtlaw.com

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