Legal Question in Criminal Law in Ohio

Misdemeanor on record

How long does a misdemeanor have to stay on your record? What is the process of removing this from your record? this was a minor misdemeanor and a 4th degree. Both are related to a marijuana conviction. (possession and paraphanalia) Thank you.


Asked on 4/03/04, 10:28 am

2 Answers from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: Misdemeanor on record

In Ohio, once a person has been convicted of an offense (even a misdemeanor) that conviction stays on the person's record forever, unless the person acts to have it removed. If the offense qualifies for expungment, and if the person has no other criminal record, the court may expunge, or seal, the record of this conviction. That means that the record is not available for most purposes, but would still be available for limited purposes. For example, the record would not be available to a normal employer doing a routine employment check, but would be available to a police department doing an employment check.

If you are interested in having the record of this conviction sealed you should contact an attorney in the community where the offense occurred. I would also caution you that there are certain offenses that cannot be expunged. At this time, an M-4 possession of marijuana does not appear to be an excluded offense, and I think you could apply to have it expunged. Ultimately, the decision of whether to expunge the conviction lies with the trial judge.

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Answered on 4/03/04, 11:23 am
Joseph Jacobs Jacobs & Lowder

Re: Misdemeanor on record

You need to file an expungment. The fee is $50. I can guide you for free or take care of it for $300.

Call me directly if you like:

Joe Jacobs 216-952-1990 / 216-227-0900

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Answered on 4/03/04, 11:35 am


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