A Struthers school board member has had his criminal record expunged, or sealed, after a hearing in Mahoning County Common Pleas Court.
Ronald Carcelli, who won a seat on the board in 2009, was indicted in 2002 on charges of theft in office, bribery and theft, all felonies, related to his involvement in a paving contract while he was street supervisor for the city of Struthers.
He resigned a seat on the school board and retired as street supervisor shortly before his indictment.
The theft-in-office charge was amended to unlawful interest in a public contract, a misdemeanor, in 2005.
The bribery and theft charges were dismissed at that time.
He received a six-month suspended jail sentence and was ordered to pay $5,000 restitution to the city and a $1,000 fine. He received one year’s probation.
Judge Lou D’Apolito said Carcelli had one criminal charge that was reduced to a misdemeanor.
“It’s a balancing act the court must do,” Judge D’Apolito said Tuesday, adding that his decision was in accord with state law.
State law allows first offenders convicted of a misdemeanor to file for expungement one year after they have completed the terms of their sentencing, including probation.
The law provides for prosecutors to file an objection to an expungement, and Judge D’Apolito noted the county prosecutor’s office did not do so.
The prosecutor’s office took “no position” on the expungement at the hearing, said Jennifer Paris, an assistant county prosecutor.
Carcelli’s record was sealed after Judge D’Apolito’s judgment entry was official Tuesday afternoon.