[Approach]

My friend was arrested on Domestic Violence in Ohio last week. At pretrial it was reduced to "Disorderly Conduct," and indicates it is a Minor Misdemeanor. It is listed on her record as: 2917.11. Disorderly Conduct.

Someone at court said it was unusual they were so liniant because it's usually reduced to 4th Degree Misdemeanor, not a "Minor Misdemeanor."

Question #1: She was fined $150 plus court costs. However, I read that the max fine for a Minor Misdemeanor is: $100. Thus, is it possible to have the case dismissed, or erased because she was fined too much? She has not paid the fine yet. Do you recommend she pay it, and THEN ask to have it erased? Or, can she have it erased now -- before she pays it?? Please advise the best course of action.


Question #2: Her ultimate goal is for Immigration NOT to see this on her record. How do you advise she do this? Immigration doesn't like to see Violence.

Question # 3. It lists the FINE as: "Guilty (9)" What does the 9 mean??

Question #4: If she tries to get a GOVERNMENT job someday, or buy a gun, etc... I assume that this "Minor Misdemeanor" and won't limit her from her from getting the job or receiving a gun. However, does it qualify as a: "Qualifying Misdemeanor" because she was actually "arrested" for Domestic violence???

[Mr. Knowitall]

Question #1: She was fined $150 plus court costs. However, I read that the max fine for a Minor Misdemeanor is: $100. Thus, is it possible to have the case dismissed, or erased because she was fined too much? She has not paid the fine yet. Do you recommend she pay it, and THEN ask to have it erased? Or, can she have it erased now -- before she pays it?? Please advise the best course of action.

If the fine is higher than is allowed by law, she can appeal or petition the court to modify her sentence. The conviction won't go away.

Question #2: Her ultimate goal is for Immigration NOT to see this on her record. How do you advise she do this? Immigration doesn't like to see Violence.

It's a public record. She can't stop immigration from accessing her criminal record.

Question # 3. It lists the FINE as: "Guilty (9)" What does the 9 mean??

What lists the fine as such? Ask the court, or wherever this undescribed document came from, what it means?

Question #4: If she tries to get a GOVERNMENT job someday, or buy a gun, etc... I assume that this "Minor Misdemeanor" and won't limit her from her from getting the job or receiving a gun. However, does it qualify as a: "Qualifying Misdemeanor" because she was actually "arrested" for Domestic violence???

I can't predict what the law might be in the future, or guess how this might be interpreted in every jurisdiction. It probably won't limit her, but she should check with local authorities when she wants to buy a gun.

[Approach]

Thanks a ton for answering my questions! Regarding the Qualifing Misdimeanor: Is it possible to have her case (right now) marked -- such that it won't qualifier her??

Also, is her charge something that you recommend she have "Sealed" etc. Not sure how that works. If so, can we ask to have it sealed RIGHT NOW?? Will it really matter??