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Expanded Expungement Law in Ohio

In Ohio, an expungement is the same as sealing a record.

 

Expungement is a legal process provided under Section 2953 of the Ohio Revised Code that allows one to have any and all references to a prior criminal conviction cleared and their court file sealed. The result of this process is as if you were never convicted of the crime.

 

BIG NEWS! As of October 29, 2018, Ohio officially expanded its expungement law.

 

The new expungement law allows for a review for a person with up to five F4/F5 felonies and/or unlimited misdemeanors.

According to the new statutory makeup in ORC § 2953.32, persons with non-violent, non-sexual misdemeanors and/or felonies up to F4 or F5 may now be eligible for their records to be sealed by a court in Ohio.

Individuals who previously did not qualify to have records sealed might be eligible.

This new expungement law allows for the possibility of all records to be sealed.

 

There are still waiting periods related to the expungement requests following discharge:

 

  • Misdemeanors require a one year waiting period.
  • One F4/F5 Felony requires a three-year waiting period.
  • Two F4/F5 Felonies require a four-year waiting period.
  • Three to Five F4/F5 Felonies require a five-year waiting period.

 

These new laws will not apply to anyone with a F3 or higher felony conviction or those with a conviction which includes a sexual or violent offense, regardless of the result being a felony or a misdemeanor.

The court, of course, has the discretion to determine if a person qualifies for expungement of their criminal record.

Additionally, the prosecutor will be notified of the request and has the ability to object to records being sealed during a scheduled hearing.

 

Who is eligible for an expungement?

 

You qualify if you meet all of the conditions described in Section 2953 of the Ohio Revised Code, including:

  • The conviction you are trying to expunge is not one of the crimes precluded by law.
  • You were not subject to a mandatory prison term for the conviction.  (If you were sentenced to prison time, but you were eligible for community control/probation, you would still qualify.)
  • You have any of the following convictions or combination of convictions: one misdemeanor; or one felony; two misdemeanor convictions; or one misdemeanor conviction and one felony conviction.   (A series of 2 or 3 convictions out of the same case shall be considered one conviction under the expungement statute.) (Minor misdemeanors including most traffic offenses do not count as a conviction.)
  • The statutory waiting period has passed for the conviction you seek to expunge.
  • You have no current or criminal charges pending against you. 

 

Can’t I just represent myself and save money?

 

Expungement requires drafting and filing of a motion (a formal legal document asking the court to take a particular action). The expungement motion will be filed with the court that sentenced you, and it will also have to be served on the prosecutor in some cases, and the probation department.

At the expungement hearing, oral or non-oral, the court must be convinced through persuasion and demonstration that your rehabilitation has been obtained and that you are deserving of an expungement.

An expungement is a privilege and not a right. 

The court may deny your expungement if they question that you have met all the qualifications under the Ohio Revised Code, or the court is not satisfied that you have been rehabilitated.

 

Legal Reference: FindLaw.com


If you would like to learn if you are eligible or request additional expungement law information, contact Attorney Mishak today.

 


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Facebook Divorce: Overview & Tips

Information found on popular social networking sites has given divorce lawyers new tools in their divorce toolkits.

 

Find out how Facebook and other sites are changing the legal landscape in divorce and child custody cases, and what you can do to protect yourself in the event of a Facebook divorce.

 

What is Facebook Divorce?

The term “Facebook divorce” refers to the increasing number of marital breakdowns that have occurred as a result of information found or discovered on social networking sites like Facebook, MySpace, and Twitter.

While social networking sites allow users to connect with old and new friends, they also create circumstances that may lead to a divorce or child custody battle. Moreover, social networking sites allow divorce lawyers to discover information they might not otherwise find using traditional methods of “discovery” (the process used to gather supporting facts and information in a case.)

In the recent past, the number of divorce lawyers who use Facebook and other social networking sites to uncover potentially damning evidence has grown. According to a 2010 survey by the American Association of Matrimony Lawyers (AAML), two-thirds of American lawyers say Facebook is the primary source of evidence used in divorce cases.

While there are no specific laws concerning the use of Facebook in divorce proceedings, the existing rules of evidence support the use of alternate forms of media to gather evidence, and this may include information found on social networking sites (via email, cell phone, or computer data retrieval, for example.)

 

What May Be Found on Facebook

There are several bits of divorce-related evidence that can be found on Facebook. Generally, a person’s overall history and whereabouts are just a mouse click away from public eyes – despite Facebook’s privacy settings (which are not always reliable.)

Furthermore, people often mistakenly believe that their actions online do not carry the same consequences as real-life events. For example, they may believe that online flirting is not the same as flirting in a bar. The reality, however, proves that what a person says or does online can have serious repercussions in a divorce or child custody case.

 

Below are examples of damning evidence that may be found on social networking sites, which may potentially be used against you in a “Facebook divorce” situation.

 

  • A friend “tags” a compromising photo of you drinking beer at a party or vacationing when you claim you have no time to see your children or dispute allegations of infidelity
  • Posts that refer to high-end purchases when you claim unemployment and money issues
  • Posts about your whereabouts that conflict with business trips or child visitation matters
  • Posts that suggests infidelity or deception, such as a Facebook status change to “single, but looking”
  • Keep in mind that even if the content on Facebook is deleted, it can later be retrieved by forensic experts and potentially used in court as evidence in divorce proceedings.

 

Facebook and Divorce: Legal Issues

Legal issues concerning the use of Facebook data in divorce proceedings varies. For instance, adultery is still grounds for divorce in some states and is defined in state laws as “the voluntary sexual intercourse of a married person with a person other than the offender’s spouse.” In most adultery cases, direct proof is not required – based on the mere nature of secretive relationships. Adultery in a Facebook divorce situation, however, might be inferred through photos and information posted on Facebook.

Note that while evidence-worthy photos and information exchanged on Facebook on their own may not be grounds for divorce, but information combined with other forms of proof may create an undesirable outcome.

 

Tips for Facebook Users Facing a Divorce

 

  • Be careful what you post on Facebook.
  • Know that what you say or post may be used against you in court, and divorce lawyers use Facebook as a matter of fact when gathering evidence.
  • You do not own the content on Facebook. Facebook has the right to do certain things with your content even without your knowledge.
  • Even if you are savvy enough to not post certain photos and information on your Facebook page, other friends and family members may post something potentially damaging about you on their Facebook page.
  • Do no secretly access your spouse’s Facebook page hoping to find damaging information to use against him or her. Not only is it a violation of the law to access someone’s computer or electronic device you do not have permission to use, the information you may find may be inadmissible in court.
  • Finally, if you suspect adultery or other wrongdoing by your spouse found on Facebook, you may wish to hire a divorce lawyer in your area who can help answer any specific questions you may have.

 

Is Facebook a Factor in Your Divorce? Make Sure You Get Professional Legal Help

Even the most amicable divorce can be a profoundly stressful experience — especially in this age of social media and the unenviable “Facebook divorce.”

Attorney Mishak can safely guide you through the process to ensure your financial security and peace of mind. 

 


Divorce is hard.
Attorney Matthew Mishak simplifies it.
Contact him today.


 

Original article as seen on FindLaw


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3D-Printed Guns: What You Need to Know

By now, you’ve probably seen all the news regarding the company Defense Distributed, more specifically its founder Cody Wilson and 3D-printed guns.

 

Issues surrounding 3D-printing firearms and firearms parts have recently come up in the Senate and been addressed by White House officials.

A few weeks ago, the Department of Defense settled its legal battle with the designer of 3D-printed firearms, allowing the company to re-release its CAD files to the public. That announcement sent state lawmakers scrambling in an effort to keep 3D-printed guns off the market. Eight states and the District of Columbia filed a lawsuit against the federal government (11 more states have since joined that lawsuit), and last week a federal judge blocked the publication of those blueprints.

According to Defense Distributed, the company who originally created a published the 3D plans, the blueprints had already been downloaded more than 400,000 times before they were removed for the first time in 2013, and while the company had re-uploaded the files to its site prior to the judge’s ruling, it has since blocked access to comply with the court order.

So, what does all this mean for you, the person who wants to 3D print a gun?

 

Gunned Down

Regardless of what a person may be able to publish on the Internet,” the NRA’s Institute for Legislative Action executive director Chris Cox asserts, “undetectable plastic guns have been illegal for 30 years.” In order to comply with this law, blueprints for 3D-printed guns still require a metal firing pin and a six-ounce piece of steel to enable metal detectors to spot the guns.

Plans for plastic guns also lack critical components, like bolts, barrels, stocks, or other parts, so they’re not firing live rounds hot off the 3D press. 

Additionally, California required that all 3D-printed guns be registered two years ago, and other states may have followed suit — so even if you manage to print and assemble a gun, you’ll probably need to register it like any other firearm.

 

All the Guns That Are Fit to Print

Currently, Defense Distributed’s website relating to its “Liberator” 3D-printable gun reads: “This site, after legally committing its files to the public domain through a license from the U.S. Department of State, has been ordered shut down by a federal judge in the Western District of Washington.” So, unless you downloaded the files pre-2013, snagged them in the short time between the settlement and the new injunction, or don’t want to go elsewhere on the internet for the plans, you’ll just have to wait on your 3D-printed gun until courts can balance the First and Second Amendment issues with the public safety concerns.

There are 3D printers in public colleges and public spaces and there is the likelihood of potential irreparable harm,” U.S. District Judge Robert Lasnik wrote last week, temporarily making publication of 3D gun printing files illegal under federal law. And you definitely can’t sell those guns, even if you can manage to make one.

Originally seen on FindLaw

 


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