>> Steve Palmer: All right, Lawyer Talk Off The Record on the air. We are back with another q and a. The questions and answers are flowing, folks. And if you want to check the backlog, go to lawyertalkpodcast.com, comma, or make an updates on that website. Uh, and that's where you can submit your own questions. So if you got a legal question you want me to discuss a topic, you want me to, uh uh, just give you the legal breakdown on something, go to lawyertalkpodcast.com and I will you send me a little note. I get it, uh, in my email, and then I get to it right here in the studio. Uh uh. We are also just, uh uh, uh, uh. We are speckling the airwaves on all the social Media platforms. You'll catch us, uh uh, pretty much everywhere. YouTube. Uh um, TikTok Did I say TikTok Yeah, we're on TikTok Uh uh, but anyway, answering questions and people are really liking it. There's other stuff we do, too, uh, uh, part of Lawyer Talk. So check out all of it. Uh uh. I'll jump right in. We have a Shane asking a question. Uh uh. He says, hey, Steve, is there any way to get a misdemeanor conviction off your record? Uh, uh, yes, there is. Uh, uh, Ohio for the longest Time. And look, we'll sort of talk generally first, before I go to Ohio. Um, um, most people know the term expungement and expungement. Uh, uh, is this, like, I don't know, amorphous term that means get it off your record? I guess that's what Shane's asking. Um, um, excuse me. There. There may be some more nuances to it, though, than that. Um, um. So, in Ohio, for the longest time, we only had record ceiling. And I used to explain it this way. Assume that your record is a bunch of files, and you take those files and you put them in a folder, and you take that folder and you stick it in a safe. And then only certain people have a combination to the safe to see it. Now, most people don't, but, uh, certain people do. And the people that would be able to see it would be, uh, like courts. If you ever got in trouble again, maybe, um, maybe law enforcement might be able to seal it. I shouldn't say see it, seal it. Might be able to see it. Uh, or have the combination to the safe. Uh, if you were to take the bar exam and have to pass something called a character and fitness interview, uh, you would have to disclose anything that's been sealed or expunged for that matter. But the records are still there. They're just sealed, um, for most people's access, unless you need, like, security clearance for the government, a teacher working with kids, etcetera. And then you have expungement. Expungement is like taking all those records, putting them in a big stack, shoving them through a spread or a, uh, shredder, and then they're gone. In theory, gone forever. Now, that doesn't necessarily mean that if your record is expunged, uh, you don't have to disclose it. I had a call recently from a client who, who was being asked a question as part of a job application that required some security clearance. I think it was an it type job with the government. And, uh, they were asking, you know, have you ever been convicted of any crime? And they were saying, even include things that might be expunged or, um, destroyed or sealed or done? And the answer is yes, you have to disclose it, usually with an asterisk or some explanation. Uh, they say submit some explanation on a separate form. Now, look, does that mean you shouldn't get your record sealed or expunged just because you might have to disclose it? Of course not. It's still better to have it expunged, and it's still better to have it sealed. In most jobs, like if you're just going out into the private sector, having your record, uh, sealed or expunged, you can just say no. And in Ohio law, it's actually a crime to treat it in any other way as if it didn't happen. So, uh, most jobs, uh, it'll help you. Now, like anything in law, there's lots of exceptions that tend to swallow up the rule. Now, the question is, what can be expunged or sealed? In Ohio, anything, a felony, three or below, um, you can get expunged, uh, or sealed. Uh, you. Now, some felonies aren't eligible. Like, if it's an offense of violence, if it's a sex offense, generally speaking, you cannot get them expunged or sealed. Uh, and that's the same as somewhat true with misdemeanors. Uh, if you've got a domestic violence, for instance, in theory, or generally speaking, not, uh, in theory, but in fact, domestic, uh, violence cannot be expunged or sealed. There is a variety of domestic violence that's the lowest or one of the lowest levels of misdemeanors and misdemeanor, the fourth degree in Ohio, that you could have expunged or sealed. So there's always exceptions. So I don't know what Shane's misdemeanor is? Uh, but he can probably have it expunged and or sealed. And generally, for the lower level felonies, you wait a year. For the higher level felonies, you wait three years. And I'm talking from the date you're done with the case. Now, that doesn't mean the date you get convicted and you wait three years, because a lot of times there's a sentence of probation, maybe there's fines that you have to pay, you have to be done with all of it. And then the clock starts counting a couple little pitfalls that people don't, uh, always understand. I get lots of calls for folks who want to get a DUI or an ovi in Ohio. Expunge or sealed. That is a traffic offense, and we cannot expunge or seal traffic offenses in Ohio. Uh, so your old speeding tickets, they're always there. They don't always matter, but they're always there. DUI is always there. You can't get them expunged or sealed. And there's another little pitfall that people sometimes, uh, uh, run into, and that is if you have an ovi and a felony, that sort of came out of the same facts, like, say I got a DUI and I had a gun with me, so I dealt with the gun charge because you hired a, uh, palmer legal defense upstairs. We did a great job. We got the gun, gun charge taken care of with a misdemeanor, or we got it dismissed. But it happened at the same time as an Ovi. Sometimes that just because it arose out of a traffic violation, it can, uh, sometimes cause you hiccups when you're trying to get your record expunged or sealed. We got some workarounds, though. So, anyway, if, uh, I hope that answers your question, Shane, and I hope we, uh, sort of covered. Uh, it gets complicated. And really, maybe the best advice is this. Give us a shout, uh, or give us a call, ask a question, do whatever. Each case is somewhat unique, but, uh, for the most part, the law in Ohio has expanded to occlude expungements. It's a lot better than it used to be. I, uh, hope that helps. This is Lawyer Talk,,,,,,, Off The Record, on the air, taking all questions, at least until now.