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I was charged with aggrevating menacing. Is this charge expungeable?
Sent to Legal Experts April 15 03:23 PM

I was arrested back in november 1999. I was told that my charge of aggrevating menacing is now not able to be expunged. When was this charge put into law that it can't be expunged? Please tell me the exact dates of when this law came into effect.

 

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cincinnati, Ohio

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I have tried looking on the internet to find out about aggrevating menacing and can't find anything on it. I need to find out when this was changed to a charge that is no longer expungeable.

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Info Request
April 15 3:30 PM (7 minutes and 20 seconds later)
         
REPLIED to Info RequestCheck Mark

Dear Customer (name blocked for privacy)

When you got this charge, were you charged and convicted as an adult? Also, where did you get your information that the crime cannot be expunged?

Please provide me that information, so that I may assist you

Thanks ~ Michelle

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Michelle -- Paralegal100% Positive Feedback on 3323 Legal Accepts
31 years of experience in criminal, real estate, juvenile and family law
Reply
April 15 3:34 PM (3 minutes and 20 seconds later)
         
Reply to Michelle's Post: Hi Michelle, my name is Mark Berding, nice to meet you. My lawyer told me this information that back sometime in 2004 it was changed that aggrevating menacing can now never be expunged even though it is a misdemeanor. I was an adult when this happened, 30. If you like to, call me at 513-941-9281
Customer (name blocked for privacy)
Info Request
April 15 3:35 PM (1 minute and 20 seconds later)
         
REPLIED to Info RequestCheck Mark

Dear mm freak

And that was the first time you were convicted of a crime? and you have never sought expungement before for anything?



Edited by Michelle on April 15 2007 at 3:36 PM
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Michelle -- Paralegal100% Positive Feedback on 3323 Legal Accepts
31 years of experience in criminal, real estate, juvenile and family law
Reply
April 15 3:38 PM (3 minutes and 22 seconds later)
         
Reply to Michelle's Post: Yes, the 1st and only time. I wrote a threatening letter to a real close personal friend at the time just to hide the fact that i was an addicted gambler, i never acted on anything in the letter. I even had over 50 letters written on my behalf given to the judge saying what a good person I am, that I never have been in a fight, lost my temper, hurt any one ever. My entire 38 years of living I have never done anything wrong, never had a record until I wrote that letter in 1999.
Customer (name blocked for privacy)
Answer
April 15 3:54 PM (15 minutes and 20 seconds later)
         
ACCEPTEDCheck Mark

Dear Customer (name blocked for privacy)

I am not finding anything that prohibits your crime from a possible expungement (does not mean it is not there - your lawyer could be correct - I would ask to see the provision) The only thing that i am finding is that the crime cannot be a sexual offense, and the person seeking the expungement must not have any pending charges (including traffic), never had a prior conviction and never received an expungement before, and did not have to serve a "mandatory" sentence for the crime.

Here are some references for you CLICK HERE, HERE and HERE for the full law, FAQ, and procedure for filing for expungement. Most times, filing for expungement can be done without the assistance of an attorney and courts generally have pre printed forms for such a request.

Additionally, it sometimes states require a person to obtain an Executive Pardon via the Governors office which is handled through the state's Parole Board (whether on Parole or not, whether a felony or a misdeameanor) so you might want to contact the Ohio Parole Board and seek information in that regard -

Please note that just because you file for an expungement does not mean you will be granted and the same goes for application for Government Pardon. One does mean you get the other. Also, in most states both would be required to keep from having to report it on an employment application - if you are granted a pardon and expungement you never have to reveal that you have been convicted of a crime. However, the fact that a crime was sealed via expungment will show up.

Best of success to you

If my answer has been helpful, please ACCEPT my answer so I get paid for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle
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Michelle -- Paralegal100% Positive Feedback on 3323 Legal Accepts
31 years of experience in criminal, real estate, juvenile and family law
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