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Alright, it is Wednesday, 420 22.

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For those who know what 420 is, happy 420 day.

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Not really my thing, but I get that it's somebody's thing.

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And because it's Wednesday, not just because it's 420, it is also Blitz Day.

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That means we are taking questions from phone and callers over at

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the Blitz Nine n Seven with Loper and Randy.

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We are also continually responding to the Lawyer Talk podcast, Q and A series.

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And what that means is if you submit us a question over Lawyer Talk Q a.

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I'll answer it right here.

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Yours truly will give you the answer, just as if you got on the radio with the Blitz.

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Maybe even better because you get to hear it over and over and over again.

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And what better deal than that?

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Well, it could be a little better for me

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if you just joined up and became a Patreon and gave us a buck a month.

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But short of that, it's a great deal.

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So look, without further Ado, we've got Blitz right here, ready to roll.

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Here we go.

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All right, so the lines are wide open

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right now for any sort of legal advice that you may need.

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Steve Palmer joins us and he's the man giving us.

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Steve, how are you? Hey, good morning.

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How are you guys doing today? Dude?

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Doing pretty well.

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So Johnny Depp on trial against Amber Heard.

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Have you gotten to watch any of this? I have not.

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I was out of town and I haven't followed it much.

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I just feel like these little stalls just

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look so miserable there as the camera captures them at that trial.

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But short of that, I haven't been following it.

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Yeah.

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He made a statement going into it that he warned the entire courtroom that he's not

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going to sound like he does in the movies, that he has a different pace of speech.

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He almost has like a British accent.

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Kelly brought this up earlier.

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It almost sounds like when Madonna was doing her thing.

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And you're like, he's from Kentucky, right.

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But he's like, good afternoon.

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The weirdest thing. But it's so cool.

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I love him. I love him, too.

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I mean, like, do a British accent.

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I don't care what you're doing.

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I mean, if you were in his Council, Steve, what would you suggest?

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Would you say maybe cut the accent out or would you just let him be him?

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You got to let him be himself because as

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soon as you try to fit now, there is one exception and he falls within it.

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But as soon as you try to fake it, it gets exposed rather quickly.

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And I was about to say, unless you're like

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a professional actor and he might fall within that exception.

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But even then, if he's going to be

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authentic, if he's really going to tell his story, you got to do it as yourself.

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And we actually work a lot with witnesses

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and even psychologists and acting coaches to get people to that raw self where they

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can tell the truth without masquerading as somebody else or

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thinking you want to look like somebody else.

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So it's very important that you be

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yourself because everybody gets up there and you've got to be.

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You know, if you're just the average everyday person and you don't do anything

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in front of people, ever, you might be a little bit nervous to testify, right?

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Yeah. It's very nerve wracking.

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You end up in a situation where you start

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thinking about what everybody else is thinking about, and that becomes a

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negative feedback loop that just repeats over and over and over again.

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And next thing you know, you don't know

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even the question you are asked and you start speculating and you get in trouble.

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It's really too many lawyers in my

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profession do not in the trial profession do not prepare their clients for this.

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And it's very important that you do it.

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I actually get clients over to a courtroom

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in the hot seat, and we put them through the paces of testifying several times.

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We practice it, we get them comfortable with it because, boy, it's like performing

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on a stage, musical or otherwise, you got to be prepared for it.

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Otherwise it could be a disaster.

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All right, we go to line one with Chris.

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Chris, how are you doing today? You're on with Steve Palmer.

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What's your question? Yeah.

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Is it possible to have your driving record expunged?

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In a word, no.

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First of all, in Ohio, we talk about sealing records, not expunging them, but

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as a practical matter, we'll just call that the same.

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We cannot, however, seal traffic records.

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Only criminal convictions can be sealed in

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Ohio, and not all of them, even traffic records, however, can be sealed and

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traffic records can't be sealed and you're sort of stuck with it.

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Now, that said, after two or three years,

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the points typically fall off, or actually after three years, the points will fall

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off, and then soon it's in your review mirror.

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Now, if you keep re emerging into the

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system by getting new speeding tickets, new drunk driving cases, new reckless Ops,

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or whatever it is, and you're just going to be peppered with it forever.

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But the goal stop the bleeding, and then

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pretty soon people forget about it, even if you can't get your record sealed.

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Wonderful. Thank you.

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All right, we got a Nick here online, too.

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Nick, how are you doing, man? Good.

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All right.

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We have two open lines, by the way, if you guys want to call in.

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Nick, what is your question for Steve?

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Yeah, I had my car in a mechanic shop on Monday.

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They basically raised my car up on the Zack by the door, damaging the car.

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I'm just wondering if there's anything

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that they can help me with as far as getting payment or what that process is.

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Well, it's going to start with a request.

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If it's true that the body shop was doing work on your car.

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They threw it on a lift and caused additional damage.

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Well, they're going to be responsible for the damage.

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They can't just say that that was not their fault if it could be avoided and if

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it happened as a result of some negligent action they took.

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So you would start with a request.

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You would say, look, body shop, you cause

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this extra damage to my car, I need to be compensated for it.

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And that could come in a couple of different ways.

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It could come in just pure money.

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You could go get an estimate from somebody

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else who's qualified to make those repairs and say, it's going to cost X dollars.

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Please pay it. Or if they offer to fix it themselves, you

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might take them up on that offer if you trust them to do it.

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But they got to make it right now.

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Making it right doesn't necessarily mean making it perfect.

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We can't wave a magic wand and go back in time and wish that our car were never

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damaged this way, any more than you could say, I wish I'd never been in this wreck

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and make it perfect, but we can make it reasonably perfect.

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We can get to the point where

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it is reasonable in our society to have a car that the Fender has been painted and

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repaired to the point where it's almost perfect.

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So you just want to make sure it was a mechanic shop that did it.

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It wasn't a body shop that did it.

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I took it in for an oil change and they raised it up on the Jack and damaged it.

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But I want to know who pays for diminishment and value.

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They're not giving me any answers here as

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far as who pays for the rental car or anything like that.

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So I was wondering if there's any way an attorney could just take the case.

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I called you guys on Monday, but your

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office said they don't take cases like that.

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I certainly would answer questions about cases like that.

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So here's the deal.

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The same advice it applies.

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Start with a request to the mechanic shop that caused the damage.

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Go get estimates to repair your car.

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Go get the estimates to repair the car.

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Get estimates for your rental car, and then send them the demand to pay it.

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So you guys caused this damage.

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It's undisputed that you caused the damage.

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Here's what it's going to cost to fix it.

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Here's the time it's going to take to fix

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it and the cost of a rental car during that time frame.

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Please pay.

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And if they don't, then you can go to

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something like small claims court and file lawsuit.

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The problem with cases like this, from an

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attorney standpoint, is it almost costs more than it's worth.

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And I don't mean to diminish what's going on with you, but

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it's like calling a handyman to fix a small toilet leak or a full blown plumber.

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It's cost a lot just to get them out there.

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And it cost a lot of time, a lot of money,

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and it may not be worth it, but it's also something that the court system has carved

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out for us as citizens to deal with, and that is small claims court.

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So I'd be happy to talk you through this more if you want.

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614-224-6142 man, I was hitting a car wash

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inside a car wash and I have to get three estimates.

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And so I haven't gotten one because it's so daunting to get three.

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I'm like three.

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I don't have time for that.

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What do you think, Steve?

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Three estimates.

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If you got to get the estimates, go get the estimates whether you got time or not.

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There is this notion that you feel like, look, I've been wrong.

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I shouldn't have to do any of this.

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Well, we can operate in this should world

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all we want, but nothing really ever gets done in the should world.

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We just have to deal with the reality.

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And if somebody hits my car in a parking lot and I've got to go get estimates and

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deal with these problems, well, I could say this isn't fair.

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And as my high school grammar teacher used

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to say, you can punch my TS card and that'll be that.

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But we still have to do it.

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So get the estimate, send them off and get the problem fixed.

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It's inconvenient, it sucks.

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It's not fair, but really nothing is.

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Now, can you ask for more in your time and damages because they're asking you to go

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to three different places and all this stuff or no.

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Yeah, you can. You can say, look, because of this, I was

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out of work for X period of time and I wasn't able to earn X dollars an hour.

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And all I would say in these situations is

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make sure you can quantify it and document it.

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So if you had to miss work to go get three estimates and it cost you half a day of

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work, well, you can say, fine, I got your three estimates.

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Now guess what?

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It's going to cost you $50 an hour that I would have made at work as well.

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And here's the documentation for that.

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So whatever it is, document it.

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Don't live in the this isn't fair.

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You owe me more world without providing information, documentation and proof of

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what your losses and then you're going to be far more likely to get reimbursed.

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Yeah, people are going to shoot all over you.

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Oh, my God, I'll need another car.

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All right, let's go to Chris Online one Chris, it's Lopez and Randy.

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And you are on with Steve Palmer.

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Hey, everybody.

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So, Steve, my question is this.

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I recently got turned down for a job because they ran a background check.

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And when I was young and stupid, 2001, by the way,

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something popped up from where I had been involved in a crime

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in 2001, and it has always been my knowledge as an adult in Ohio that after

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seven years, that stuff doesn't show up on a background check.

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It wasn't anything crazy like murder, kidnapping or rape or anything like that.

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It's just a colony for yeah.

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So generally speaking, things do not just disappear after seven years.

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Now, it may be true that the people who

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look for such things, like employers and those who would be interested in your

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background check, don't care after seven years.

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I can't comment on that.

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That's up to them, but it doesn't mean that it's going to be gone.

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So the only way to get it gone or to get

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your record sealed is to actually file an application at the clerk of courts where

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the conviction happened and request to have it sealed.

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Generally speaking, nonviolent offenses,

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lower level felonies, theft related stuff, those can be sealed.

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And the standard is basically this.

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The government's interest

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or your interest in having it sealed has to outweigh the government's interest,

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whatever that would be, to maintain the record.

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And it's not a real high bar.

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We help people all the time and be happy to help you.

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In fact, 614-224-6142 from Yahweh Palmer. It is Steve Palmer.

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We have one more to get to here before we run out of time.

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This is Joe online, too.

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I'm sorry, Alex.

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My bad, Alex. Alex.

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Going once, going twice.

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All right, we'll go to the text for our last.

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Okay, so Leanne says, a man that I know

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personally has sent me a threatening email that reads, you are so effed.

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When I kick open the door to that piece of

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SRV, I'm going to really enjoy putting a bullet in the middle of your forehead.

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Better call the police and ambulance while you're at it.

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Have your Blump son there, too. Loving kisses.

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Let the games begin.

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Yeah, she says, how do I report? Who do I report?

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This guy. You got to go to the police.

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This is something that you need to go to the police right away.

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I don't know if this threat is serious.

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I don't know if he's going to follow through with it.

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I have no idea. But you don't mess around with this.

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It's actually a crime. It's called aggravated medicine.

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You can't threaten to cause somebody

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serious physical harm, and beyond that, you may qualify for something called a

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civil protection order or an anti stocking protection or some sort of order that

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prevents him from coming close or requires him to stay away.

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And you could say, well, you can have all

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the orders you want, but nobody's going to follow it.

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Well, fine, but if he does violate the order, it gives you a phone call to the

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police and he can be placed in custody and charged with crimes immediately.

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So it has teeth.

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Maybe not because he's just going to follow it, but because if he doesn't you

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can throw them in jail or the police will throw them in jail.

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So I would go to the police right away.

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I would make a complaint, make a report and get some help.

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Don't mess around with this. All right.

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We're out of time.

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Steve Palmer, thanks so much with us each and every Wednesday at 830.

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If they want to get in touch with you, Steve off the air.

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How do they do it? Yeah, go check us out.

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Ohiolegaldefense.com 614-224-6142. All right.

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Another great blitz session.

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Another great blitz on Wednesday with nine, nine, seven.

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Lopez and Randy, if you didn't get through today, no worries.

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Just go to lawyertalkpodcast.com and submit your question.

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I'll get it. I'll cover it.

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I'll do it right here. Lawyer talk.

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Q-A-A and if you're curious of all the

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other questions, all the other folks who have been fortunate enough and smart

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enough to send their questions to me, you can check out the answers to their

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questions@lawyertalkpodcast.com. And while you're there, you might as well just go

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ahead and subscribe because you want to get downloads and you want to get notices

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of all the latest content that we're disseminating.

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So check it out, loritalkpodcast.com. Now, those of you been following us for the

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last few months know that we still do the roundtable, we still have the long form

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stuff going on where we take on all the hot topics of the day and give you the

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informed wisdom of norm of Brett and Jared's on the men.

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So he's coming back and we give you all sorts of great content there.

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We bring in guests, we do the fun stuff there, we do the quick Q and a stuff here.

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I've been also breaking legal topics down to make it simple.

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And like I say, everything can be made simple.

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At least almost everything can be made simple.

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So check out all the great contact at content again at lawyer talkpodcast.com.

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So until next time here we are off the record.