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  1. #1

    Default Can You Expunge a Felony Conviction for Unlawful Sexual Conduct with a Minor

    My question involves criminal law for the state of: Ohio
    Okay, my who was 19, he was sexually assulted by a 14 year old with a criminal record. He got charged with Unlawful Sexual Conduct with a Minor. A fourth degree felony. but the bad thing is my brother told the detective that he was involuntarily drugged by the victims mother with liquid vicodin which she had been prescribed for her recent gastric bypass surgery. he was so out of it, and next thing you know he's being forced to have sex. While in jail, he admitted that he did have sexual contact with a minor, who was a guy. But the minor took a lie detector test and had lied about it my brother forcing it on him, but not once did they ever ask if he had forced it on the defendant. the minor can't even describe the suspect. the minor was 6 foot 3 and 165 lbs and my brother was 5 foot 10 and 145 lbs. he describes the suspect as bigger and taller than himself. my brother has short straight hair, but the minor described him as curly haired. Is there anything that can be done to bring this injustice off my brothers record? he was willing to take a lie detector test and a drug test but both were refused.

    i will do anything and pay anything to find a lawyer or someone or something that can help.

    if my brother had actually done this, i would have let him sit in jail. but after 4 months in jail and the lack of evidence they charged him.

  2. #2
    Join Date
    Sep 2011
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    OH10
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    Default Re: Unlawful Sexual Conduct with a Minor Felony 4th Degree, Expungement

    You don't actually believe this story do you? It sounds like your son voluntarily took the Vicodin. Once he was feeling good, he really got into feeling good. The best thing you can do is advise him to not make a statement to anyone and hire a lawyer ASAP. He has violated a few very serious laws it appears.

  3. #3

    Default Re: Can You Expunge a Felony Conviction for Unlawful Sexual Conduct with a Minor

    Some things don't make sense here, so let's start by clarifying:

    So your 19 year old brother was drugged by the mother of a 14 year old? What would have been her motivation to do so?

    Why is a 19 year old hanging around a 14 year old, and his mother? Under what circumstances?

    Then, once drugged the 19 year old was sexually assaulted by the 14 year old?

    Who reported the crime to police? (THAT is likely to be a MAJOR factor in who is seen as being the victim, and who is going to be seen as being the perpetrator. And generally speaking, short any other unique circumstances, a 19 year old is always going to be more suspect than the 14 year old as a perpetrator.)

    Was hair or urine testing for the presence of drugs done on either or both parties?


    Is there anything that can be done to bring this injustice off my brothers record?
    Not until the criminal charge is resolved, either by plea, by the DA dropping the charge, or by the finding of a judge or jury of either guilt or innocense. The case will have to play out to one of those ends - THEN, depending on the outcome, any criminal history or arrest record can be addressed.

    He needs a criminal defense attorney with experience in sexual assault cases involving minors. He can contact his state bar association for a referral.

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