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  1. #1
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    Mar 2013
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    Bolivar, Ohio, United States
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    Default Expunging or Sealing Multiple Convictions in Ohio

    01-17-2006 4511.19B3 (M4) - OVUAC (BREATH .02 GR CONCENTRATION)
    06-10-2011 2925.11AC3A (MM) - DRUG POSSESSION
    6-10 2011 2917.11 (MM) -DISORDERLY CONDUCT

    I am interested in sealing the records of these charges

    http://codes.ohio.gov/orc/2953.31 states an eligible offender is someone with less than two misdemeanor convictions. MM's do not count toward this.

    General knowledge seems to be OVI related offenses cannot be expunged or disqualifies you for record sealing because it carries a mandatory sentence (http://codes.ohio.gov/orc/2953.31)

    However, as I blew underneath .08, the M4 OVI charge I received carries a 0-30 day sentence.

    Am I missing something? Do I qualifiy to seal records? You can review my entire criminal history here http://www.starkcountycjis.org/cjis2/docket/main.html (Ronald Albert, 1987)

    - - - Updated - - -

    Thank you to whomever moved the threat and retitled it!

  2. #2
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    Default Re: Expunging or Sealing Multiple Convictions in Ohio

    The statute says, "'Eligible offender' means anyone who has been convicted of an offense in this state or any other jurisdiction and who has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the same offense". You say you have one 4th degree misdemeanor conviction, one minor misdemeanor that for purposes of the statute "is not a conviction", and one minor misdemeanor from a driving offense that "shall be considered a conviction.". That's 1 + 0 + 1 = 2 misdemeanors.

    That said, as you note, you can't seal the OVUAC sharge. ORC 2956.36(B).

  3. #3
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    Mar 2013
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    Bolivar, Ohio, United States
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    Default Re: Expunging or Sealing Multiple Convictions in Ohio

    I have a MM that counts as a conviction?

    Does my OVUAC prevent me from sealing the other records? Im not worries about the ovuac as its been over 5 years and the bmv doesn't report it.

  4. #4
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    Default Re: Expunging or Sealing Multiple Convictions in Ohio

    If you read the statute, or read what I wrote, it's in plain English.

  5. #5
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    Bolivar, Ohio, United States
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    Default Re: Expunging or Sealing Multiple Convictions in Ohio

    Im sorry for upsetting you by asking a question. If you feel im incompetent and unable to understand you then please don't respond. Im doing my best to understand all of this. Im reading the ORC, citing it in my posts. I am putting effort into this.
    I had read that if you have any charge that you cannot expunge then you're unable to expunge anything.

    I again apologize that I am not as intelligent as you and able to decipher and comprehend all of this the first time I see it.

  6. #6
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    Default Re: Expunging or Sealing Multiple Convictions in Ohio

    Why do you imagine that I'm upset?

    If you can't understand plain English, I don't find that upsetting - but there's no point in my repeating one plain English explanation after another because you can't or won't take the time to understand the last one.

    Help us out - what part of my statement to you find confusing?

  7. #7
    Join Date
    Mar 2013
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    Bolivar, Ohio, United States
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    Default Re: Expunging or Sealing Multiple Convictions in Ohio

    I cannot find the ORC section that has it, but "3) This was your first and only conviction. You have never been convicted of the same crime or any other crime in this or any other state."

    http://expungement.uslegal.com/expun...pungement-law/

    I thought with the OVI M4 I would not be eligble to expunge anything

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