Legal Question in Criminal Law in Ohio

1st Degree Misdemeaner and Expungment

I have a 1st degree misd charge against me, falsifying a police report. A man raped me, I did not go to the poce or hospital and I changed my story to consensual sex, then changed back. Long story. My attorney is trying to get it reduced to a 2nd or 3rd degree misd charge. I am applying for a Superintendent position. If I get the charge dropped how long will it take before it is expunged? Will I have any type of record? If the application states, ''Have you ever been convicted of a crime?'' Do I or if I state no, and they do a police and FBI check, will the report come back that I had a record or if it is expunged, does the record come back stating, ''NO RECORD?'' MY attorney is a civil attorney and told me that he has to check on the law, he is not a criminal lawyer. I was told by him that I could not get another lawyer and like a fool I believed him.


Asked on 12/17/01, 11:59 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: 1st Degree Misdemeaner and Expungment

A midemeanor can be expunged one year after you are off probation assuming that it is a first and only offense. Upon recieving an expungement, you will have to send it to the appropriate parties and it will be removed from you file. As far as responding to the question about the arrest, that depends on your profession. Certain professions require one to report expunged convictions.

Good Luck!!!!

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Answered on 12/24/01, 10:42 pm


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