Minor Misdemeanor Charge for Possession of Marijuana in Ohio
My question involves criminal law for the state of: Ohio and in the city of Hilliard
So just last week i was pulled over by Hilliard police in Ohio and eventually received a minor misdemeanor marijuana ticket. The ticket was just for marijuana and nothing els, i didn't have any pipes or bongs or anything like that. as receiving the ticket i asked the polite officer who was just doing his job if this is going to be on my record and he said most likely it is not, he stated you just pay the ticket and thats it. On the ticket it states that there is no summons, i don't have to go to the court date but if i wish to i can
The next couple days past and i call the Hilliard mayors court to find out how much my ticket was, and i eventually ask if it will be on my record and the person on the other side of the phone said it will be on my record. As he told me this i got worried and started searching up Ohio laws.
My questions are. one, is this charge for marijuana going to be on my record? two, will this charge suspend my drivers license? three, will this charge effect my federal student aid ?
Re: Receiving a Minor Misdemeanor (Marijuana) Charge in Ohio
Yes it is a conviction and yes, it goes on your record. You can, however, seek to expunge it. As to the driver's license, it's not mandatory but the court does have discretion to suspend and may since you apparently had MJ on you or with you in your vehicle. As to federal student aid, yes, your eligibility might be suspended if the offense occurred while you were receiving federal student aid. Look to the worksheet to determine whether the conviction affects eligibility for federal student aid. If you just applied and have not received it yet, be very careful because if they determine you ineligible because of the drug offense, you'll owe that money back sooner than you figured. You would be wise to consult local counsel.
Re: Receiving a Minor Misdemeanor (Marijuana) Charge in Ohio
Many people see nothing wrong with marijuana. But, the fact remains if it is illegal in a State. or if a person is not obeying their State Laws. Possession is a crime. It is also important to remember Federal Laws govern Federal Programs. Federally, all marijuana is illegal.
Re: Minor Misdemeanor Charge for Possession of Marijuana in Ohio
In Ohio, a minor misdemeanor does not appear on your state criminal record. You do not ordinarily have to disclose a conviction for a minor misdemeanor -- but you may be obligated to do so under certain circumstances, such as when seeking law enforcement work, applying for a security clearance, or for immigration purposes. (We tend to think of immigration issues as relating only to non-citizens, but even if you're a U.S. citizen you may have to disclose the offense when seeking a visa in a foreign nation.)
You should explore the possibility of a deferral / conditional dismissal of the charge. Even at the minor misdemeanor level a conviction for possession of marijuana will leave you ineligible for federal financial aid unless and until you obtain an expungement of the conviction. That is, try to avoid a conviction and, if that's not possible, petition for an expungement as soon as you qualify.
There will be a local record of the charge and its disposition with the police agency and court that processes the charge.
A driver's license suspension is possible, but is no longer required by law.