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Minor Misdemeanor Drug Abuse, Marijuana and Paraphernalia

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  • 10-07-2012, 11:07 AM
    correctus
    Minor Misdemeanor Drug Abuse, Marijuana and Paraphernalia
    My question involves criminal law for the state of Ohio. Recently, I was pulled over (not currently under the influence), due to some "distracted" driving (issue with the headlights, which I corrected, but was too late, and was pulled over). He didn't arrest me on the spot, but gave me two minor misdemeanors. I'm from Michigan, have a medical marijuana card, but also a felony on my record (home invasion from years ago).

    My questions are: Could this minor misdemeanor affect my potential expungement from this Michigan felony?
    I read suspended licenses are common, can this be transferred to Michigan despite my medical marijuana card?
    Is it possible I could have 1 charged dropped knowing my background, or what sentencing options and such can I ask for?
  • 10-07-2012, 12:42 PM
    Disagreeable
    Re: Minor Misdemeanors in Ohio: Drug Abuse Marijuana and Paraphernalia
    You intentionally violated the law in OH. Yes it could affect potential expungement. Neither are moving violations, DL won't be affected in OH, MI might if they have a law relating to that. Ask all you want, you are guilty.
  • 10-09-2012, 01:16 AM
    STATcom
    Re: Minor Misdemeanors in Ohio: Drug Abuse Marijuana and Paraphernalia
    Unfortunately, it absolutely can. In every state that allows expungement, one condition that universally appears in every law is that an expungement is granted contingent upon the defendant not committing another crime. This doesn't necessarily mean that once you have a conviction expunge that it can be brought back if you commit a new crime. Usually, once a conviction is expunge, it can't be used against you again even if you are convicted of a new crime.

    However, if you are currently in the process of getting a conviction expunged. If the jurisdiction in which you are applying for an expungement discovers your new crime, they can use that as grounds to deny your expungement.
  • 10-09-2012, 01:21 PM
    correctus
    Re: Minor Misdemeanors in Ohio: Drug Abuse Marijuana and Paraphernalia
    Thank you STATcom. That's very unfortunate.

    Does Ohio work like Michigan where civil and misdemeanor traffic laws are different, or are they all truly criminal misdemeanors? Also, I read that they are minor misdemeanors, but I don't know what those are. I know Michigan law says one can have 2 minor offenses, however it says that you need to be under 21 when committed. However, is that aspect for the expungement or for committing a minor offense in Michigan? If this is a minor misdemeanor in Ohio, would that correspond to a minor offense in Michigan?
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