Miamisburg, OH asked in Civil Rights, Constitutional Law and Contracts for Ohio

Q: Is there any attorney out there that fights for civil rights of an exfelon that happens to date a bankruptcy attorney

We were or shall I say she was told to ask me to leave her previous apartment after wanting to put me on the lease. Now our new community wants me to be put on the lease since I live with her .I was not put on lease at new place for fear of them not renting to us.just moved in in July 2016 .please someone !!!! We are currently trying to find out how to expunge or seal my record . last felony 20yrs ago In August or September several misdemeanors since .ovi several years ago.

1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: You're in a tough spot. Here's the run down on the expungement laws. First, you cannot seal the OVI. That isn't a huge concern because it probably isn't the OVI which is alarming your landlord. Unfortunately, It is also likely you cannot seal anything. But, I would need to review your entire record to be sure.

You can seal a record if the offense is eligible, and you are an eligible offender. Violent felonies and offenses which are first degree misdemeanors with a victim under the age of 16 are not eligible. Most driving offense, like OVIs are not eligible. An offender is eligible if he or she has no more than 1 felony conviction and 1 misdemeanor conviction. But, there are counting rules which allow some convictions to be counted together. Convictions arising from the same transaction count as one. So, if you were convicted of drug possession and paraphernalia because you had weed and a pipe on you one day when you were pulled over, that would be one. Also, 2 or 3 convictions from events within a three month window, which are related, and disposed of in the same official proceeding, can be counted as one. So, if you were charged with three drug possessions in a three month period and they were all taken care of at the same time, those would count as one. It sounds to me like you are ineligible because you say you had your last felony 20 years ago (which suggests there may be a prior felony) several misdemeanor since, and the OVI.

Some other things to consider: buying a home, or renting a duplex could help you. There's no background check if she buys a house, and most duplex owners don't run them.

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