A former Athens police officer accused of having sex with two members of the Explorers program could have his record expunged if he agrees not to appeal the revocation of his certification.
Brian Lushbaugh, a 12-year veteran of the police department, pleaded guilty to the two second-degree misdemeanors after being accused of having sex with two members of the program for 14- to 20-year-olds interested in law enforcement.
Under Ohio law, individuals convicted of crimes can expunge them after one year. Certain employers, including law enforcement, still can view records of these crimes.
Rocky Coss, special prosecutor appointed by the state for Lushbaugh's trial which ended in March 2007, agreed not to object to a motion to expunge if Lushbaugh complied with the court's judgment.
Lushbaugh paid a $1,500 fine and completed his probation, but his peace officer's certification remained intact.
Lushbaugh contacted Athens police about surrendering his certification, and in turn, the agency notified the Ohio Peace Officer Commission. Under Ohio Revised Code, the court must notify the peace officer commission about revoked certifications if the case involves a felony that is reduced to a misdemeanor. However, Lushbaugh was never charged with a felony.
I think that everybody else thought everybody else was going to do it
Athens County Municipal Court Judge William Grim said.
The Ohio Peace Officer Commission sent Lushbaugh a letter Thursday notifying him his certification had been revoked. Lushbaugh is entitled to appeal the revocation within 30 days.
Lushbaugh's attorney George McCarthy said Lushbaugh would waive his right to an appeal. Grim said Lushbaugh must waive that right with the peace officer commission and not in municipal court.
I see no reason not to grant the expungement except the peace officer certification Grim said.
Special prosecutor, Matthew Donahue, appointed by the state after Coss became a judge, said the state has no objection to the expungement.
The state respects and abides by its part of the plea agreement
Donahue said.
Lushbaugh has been a law-abiding citizen with no convictions before or after the dereliction of duty charges, McCarthy said.
He has not used his status as a peace officer
McCarthy said. He has not even attempted to use it during that time.
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Jessie Balmert
