Expungement, disorderly, unlawful restraint

[new owner]

What is the name of your state?OH

In April of 2000 I had charges filed for disorderly conduct, put on probation for 2 years and was to stay away from complaintant. In December 2000 I was charged again for unlawful restraint. My husband had been following me in our vehicles and complaintant drove up by us. My husband got beside me so she could not get beside me, she swerved in front anyway, my husband then got in front of her and she stopped her car and got out yelling. This revoked my probation I was put in jail for 30days.

Since both charges were from same thing can I get this expunged?

[Happy Trails]

Originally Posted by new owner

What is the name of your state?OH

In April of 2000 I had charges filed for disorderly conduct, put on probation for 2 years and was to stay away from complaintant. In December 2000 I was charged again for unlawful restraint. My husband had been following me in our vehicles and complaintant drove up by us. My husband got beside me so she could not get beside me, she swerved in front anyway, my husband then got in front of her and she stopped her car and got out yelling. This revoked my probation I was put in jail for 30days.

Since both charges were from same thing can I get this expunged?

So you were convicted twice for a disorderly conduct in approximately 8 months?

[new owner]

The first time was disorderly, the second time they charged as unlawful restraint, since my husband was seen in front of her vehicle and I was behind. Even though she drove past me and in front of me to get there.

[Happy Trails]

Originally Posted by new owner

The first time was disorderly, the second time they charged as unlawful restraint, since my husband was seen in front of her vehicle and I was behind. Even though she drove past me and in front of me to get there.

To get an expungement you would have to meet ALL 6 conditions and you do not pass condition #3.

To see conditions on Ohio expungement--go here:

[url]http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/OH/OH-EXP.htm[/url]

[RedemptionMan]

Originally Posted by Happy Trails

To get an expungement you would have to meet ALL 6 conditions and you do not pass condition #3.

To see conditions on Ohio expungement--go here:

[url]http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/OH/OH-EXP.htm[/url]

I read condition #3 it is pretty vague. It states that you can have charges sealed if it relates to the same case. It is not time specific -- It states nothing about committing 1 crime that is related to another crime at different times. Just that if the crime has more than 1 charge and is related to the same case.

[Happy Trails]

RedemptionMan, I think you may have read:

#3. What records may be expunged?

The #3 I was referring to is the 3rd requirement that has to be met, it is after #4, "Who is eligible for an expungement?"

.....if you meet all of the following six conditions:


------------------------

From Ohio statutes:
§ 2953.32. Sealing of record of conviction or bail forfeiture.

......

(C) (1) The court shall do each of the following:

(a) Determine whether the applicant is a first offender or whether the forfeiture of bail was agreed to by the applicant and the prosecutor in the case. If the applicant applies as a first offender pursuant to division (A)(1) of this section and has two or three convictions that result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, in making its determination under this division, the court initially shall determine whether it is not in the public interest for the two or three convictions to be counted as one conviction. If the court determines that it is not in the public interest for the two or three convictions to be counted as one conviction, the court shall determine that the applicant is not a first offender; if the court does not make that determination, the court shall determine that the offender is a first offender.