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    buckeye43212's Avatar
    buckeye43212 Posts: 1, Reputation: 1
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    #1

    Dec 11, 2009, 05:32 PM
    violation of probation, but not convicted until probation is supposed to be expunged
    I am currently on probation for paraphilnalia charges and my one year is over and this is to be expunged on jan 5, 2010. I recently have been charged with theft hoewever, and I probably will not have a hearing and get convicted for this until after jan 5th. So techniqually I will have been expunged from probation before I am convicted of this new misdemeanor. My question is when they go to give me expungement can the theft charges stand in the way of that? Am I better off calling my PO and being honest with him and he might just extend my probation or make it harsher? Keep in mind that I'm in college at Ohio state and have a job, and the possession charge was out in hocking county, they have not called me down once this entire year for random drug testing (I assume they have bigger problems than me)
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Dec 11, 2009, 05:45 PM

    Prior to the expungement your record will be run and you will be found out. Better to call and be honest about it instead of trying to dodge it. If the PO does do the proper record check your new case will be discovered and your PO will violate you for the new charge.

    And you are not "technically" off probation until the Judge signs your Termination from Probation Order regardless of what date you are supposed to be off probation. Any PO worth his salary runs a NCIC check prior to having the Judge sign the termination paperwork. Granted, you could get lucky on this due to overloaded cases, etc. and conversely you could get caught.

    This is definitely up to you what you want to do.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #3

    Dec 11, 2009, 06:10 PM

    If you were already off probation before the new crime happened, it will not revoke your probation, but could make the judge not explunge it.

    If the crime actually happened, even one day before your probation was officially ended, it can even revolk your probation

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