QUESTION

Can I get a felony expunged or sealed

Asked on Feb 15th, 2013 on Expungements - Ohio
More details to this question:
I have a felony on my record...June or July of 1982..My younger sister was having a graduation party and some kids came in a car and shot up street light..next thing a lot of police officers showed up and it turned into a so called riot...They were grabbing people left and right...My Dad was on the front porch standing and they even grabbed him..I was in the house with my son, and they grabbed me out...meanwhile my older sister also got arrested...But for some reason I got charged with assault on a police officer..resisting arrest...I know that it was my older sister that had done this but they put the charge on me...I told the lawyer that my Mom and Dad had obtained but he didn't do anything...I was still charged with it...I never spent time in jail or prison.. I don't remember if I had plead guilty or not...But I would like this to be sealed or expunged...How do I go about this...Or could I.....I have nothing on my record but a speeding ticket...This happen in Mahoning County, Ohio.
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1 ANSWER

Personal Injury Attorney serving Medina, OH at Law Offices of David C. Sheldon
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Dear Cynthia: As long as you did not commit serious physical harm against the police officer, then yes, you can get both the assault on peace officer and resisting arrest charge expunged. The law in Ohio was recently amended to allow a person to seal/expunge two misdemeanor violations or one felony and one misdemeanor violation (with a few exceptions).  I am basing my answer on today's expungement statute because it should apply even though your crimes occurred in 1982. That is, the expungement statute in effect at the time you file your application governs.  Even without the change in the law, as long as both charges arose out of the same incident, then they count as one conviction for purposes of expungement. Assault on a peace officer can be sealed and, since you didn't serve time in prison, then you must not have caused serious physical harm to the officer. That means you are eligible to have it sealed. Resisting arrest is a misdemeanor of the second degree as long as you didn't cause physical harm to the police officer or brandish a deadly weapon and recklessly cause harm to the officer. Provided that it is the former, you can also expuge the resisting arrest charge. A minor misdemeanor speeding violation does not count as a prior conviction.
Answered on Feb 16th, 2013 at 3:12 PM

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