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probation and theft

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jenny5290

Junior Member
Ohio. On January 5th of last year I had a hearing at the Hocking County Municipal court pertaining to posession of drug paraphilnalia. I was accepted for the diversion program which had me take an underage drinking course at maryhaven (completed) and I was subject to random drug testing. It is now december of the same year and they have not once called me in for a drug test. 6 months in for my review hearing (july 9th, 2009) they did not have me come down because my court costs were paid in full and my probation officer told me that i did not need to come down for a drug test because i have met my requirements. my lawyer and i thought about getting this expunged early since they have not been active with me and probation. We realized that the year of probation was pretty close and we might as well wait it out. Just this past week unfortunately I was caught with theft at a retail store. The officer made a report and the head of security of the store said he would be pressing the charges early next week. Knowing how long it takes to get a court date, the chances of my court date for theft being after my court date to get my possesion charge expunged(jan 5 2010-one year of probation) is likely. I need to know where i stand in terms of the theft affecting the probation status. i know that you are not convicted of a crime until the actual court date, so i guess i need to know if this violates probation or if will be dealt with separately since i will most likely be convicted after my expungement?i read online that sometimes they just extend your probation..what is the best approach here...hope that it wont affect my probation (if i do get the possesion charges expunged before im convicted with theft, will they be able to look up the possesion charge and expungement? or does expungement mean it is deleted from your record?) or should I tell my probation officer and hope that there is a way to extend probation...Sorry these questions are all over the place I just need to know where i stand and am scared of facing jail time, and i am not very knowledgeable about this. thanks for your time.What is the name of your state (only U.S. law)?
 


if i do get the possesion charges expunged before im convicted with theft, will they be able to look up the possesion charge and expungement? or does expungement mean it is deleted from your record?
Ohio seals your record, BUT according to Ohio Revised Code 2953.32 (Sealing of Conviction Record):

(D) Inspection of the sealed records included in the order may be made only by the following persons or for the following purposes:

(1) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person’s previously having been convicted of a crime;
Also, before the court can order the record sealed:

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

(b) Determine whether criminal proceedings are pending against the applicant;

From my read, the timing here really doesn't matter. You will not get your record sealed while you have an outstanding criminal proceeding, but even if it had been sealed first the court would still be able to look at it and use it in determining its course of action on the theft charge.

JMHO
 

jenny5290

Junior Member
okay i understand that and it makes sense. but im pretty sure because of this diversion plan i am not actually convicted of the drug charge. When the officer ran my information he told me i had no warrents or priors..does this mean my drug charges do not show up while i am on probation? also if this is me violating my probation (which im sure it is) is there any possible outcomes besides jail? like can they extend my probation? or make it a harsher probation..?
 

cyjeff

Senior Member
okay i understand that and it makes sense. but im pretty sure because of this diversion plan i am not actually convicted of the drug charge. When the officer ran my information he told me i had no warrents or priors..does this mean my drug charges do not show up while i am on probation? also if this is me violating my probation (which im sure it is) is there any possible outcomes besides jail? like can they extend my probation? or make it a harsher probation..?
You have a bigger problem.

Your theft may invalidate the diversion.

If I were you, I would contact your PO... or, at least, your lawyer.
 

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