Posted by magmag on 8/15/07

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I was convicted of 1 misdemeanor for nonsupport, 2 years ago
in Ohio.
I applied for expungement as first offender.
Prosecutor said that any nonsupport is a crime against a
minor and cannot be expunged per Ohio R.C.2953.36(D). He
cited State v. Westendor, 1st Dist. No.C-O20114,
2003-0hio-1019, which says he is right.

But someone posted an expungement case that says the
Prosecutor is wrong because:

[quote] Begin Quote:
b) Prosecutors point of law is an error because it:
_ violates legislative intent
_ Is authoritatively acknowledged to be an error.
_ Is a plain error
_ violates rules of construction
c) Broad application of the error causes great harm to a
large body of people never intended by the Legislature
d) The law in question is remedial law
e) This court has the jurisdiction to correct the
Prosecutor_s error and the obligation to harmonize the
remedial law.
f) This Applicant is eligible and deserving of expungement.
End-Quote [/quote]
I found that information at:
http://backgroundsearch.com/forum/Criminal-Law/Re%3AOhio-NonSupport-Expungement-Applicant-Statement.html#97[/url]
It cites the Ohio Supreme court about a dozen times.

Do you think I should try to use the same arguments?
Any suggestions?
Thx.

BackgroundSearch Forum NonSupport Expungement Objections and Response

Re: Ohio NonSupport Expungement Objections and Response, 10/18/07, by magmag.

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