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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22371
Experience:  Handle criminal matters in both state and federal courts.
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If i was convicted Of a Domestic Violence on 6-11-99 and had

Customer Question

If i was convicted Of a Domestic Violence on 6-11-99 and had it expunged or what Ohio Says Sealed Record on 3-28-2001 . do i still qualify for a CCW Permit In The State Of Ohio? Can The SHeriffs Office Still See This Conviction When I Apply For A CCW Permit? I found This On The Internet Also. What does "sealing a criminal record" mean?
The word “expungement” implies that a criminal conviction or charge can be completely erased from your record, as if it never happened. However, in Ohio, adult convictions cannot be “expunged” or completely erased from your record. Instead of expungement, Ohio uses a court process called “sealing a criminal record.” When a record is sealed, the record of your criminal conviction or charges is filed separately from other persons' records. The record still exists (it is not expunged) but the record cannot be seen by anyone, with a few exceptions. i also found this does it applie to my expungment since it was prior to the no expungments after 2001 on a Domestic violence? The law requires sheriffs to deny licenses to persons who have had
convictions sealed or expunged if the original conviction would
constitute a deniable offense. If you have questions as to whether a
criminal conviction will disqualify you, consult an attorney.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

hi

 

do you own any guns now

Customer: replied 6 years ago.
Yes i have bought 3 in the last 2 months also i added a pc of information at the end of my post that i found in the 2007 puplications of CCW Pamplet but not sure if it applies to me since DV now cant be expunged starting 3-01
Expert:  Samuel II replied 6 years ago.

hi

 

this is an opinion from the Attorney General

 

A county sheriff may not issue a license to carry a concealed handgun under R.C.

2923.125 to a person who has been convicted of or pleaded guilty to an offense

described in either R.C. 2923.125(D)(1)(e) or R.C. 2923.125(D)(1)(f) even

though a court has entered an order under R.C. 2953.32 sealing the official

records pertaining to the conviction or guilty plea.

 

you can read the entire opinion by using this link.

 

the RC that is referred to is

 

(e) The applicant has not been convicted of or pleaded guilty to a felony or an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a felony or would be an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; and has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, regardless of whether the applicant was sentenced under division (C)(3) of that section.

(f) The applicant, within three years of the date of the application, has not been convicted of or pleaded guilty to a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, or a misdemeanor violation of section 2923.1211 of the Revised Code; and has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer or for committing an act that if committed by an adult would be a misdemeanor violation of section 2923.1211 of the Revised Code.

 

and i checked the RC sections that are referred to in the above and there is nothing pertaining to DV. therefore, i conclude that you would be able to apply for the ccw and that the crime that is now sealed should not hinder your application. additonally, the other law that you referred to would not pertain to you as it is retroactive - thank you for your time. i wanted to the thorough

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22371
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 3 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
ok so you are saying that since it was prior to the law i should be ok? and this doesnt pertain to a DV conviction as log as it was sealed prior to the new laws Correct? This is what the new law says and here the link to the information.http://www.ag.state.oh.us/le/prevention/pubs/cc_booket_20080327.pdf   Criminal Record
Prior to obtaining your license, you must provide the sheriff with
complete information about your background. There are many criminal
offenses that bar you from obtaining your license. There are many laws
and conditions that prohibit you from owning a handgun. If you have
questions, consult an attorney.
The law states that you must not be under indictment, charged or
convicted of a felony that involves the trafficking in drugs or similarly
charged with a misdemeanor offense of violence or negligent assault.
You may not obtain your license if you have been charged or indicted
with falsification of a concealed handgun license.
In addition, you must not have been convicted, pleaded guilty, or been
adjudicated as delinquent in connection with a crime that involves the
illegal use, sale, possession, administration, distribution or trafficking
of a drug of abuse. You cannot have been convicted, pleaded guilty or
been adjudicated delinquent for assaulting a peace officer. You must
not, within three years of your application, have been convicted, pleaded
guilty or been adjudicated delinquent in connection with a misdemeanor
offense of violence. You must not have committed a misdemeanor
offense of violence against a peace officer.
You must not have been convicted, pleaded guilty or been adjudicated
delinquent in connection with two or more assaults or negligent assaults
within five years of your application. You must not have been convicted,
pleaded guilty or adjudicated as delinquent in connection with resisting
arrest within 10 years of your application. If you are charged with an
offense during the application process, the sheriff can suspend your
application until your case is resolved.
The law requires sheriffs to deny licenses to persons who have had
convictions sealed or expunged if the original conviction would
constitute a deniable offense. If you have questions as to whether a
criminal conviction will disqualify you, consult an attorney.
Expert:  Samuel II replied 6 years ago.

hi

 

that is my interpretation of the attorney general's opinion that i provided to you. what you supplied is exactly the sections of the revised code that the AG's position states. federal law does prohibit ownership of guns if you have a misdemeanor DV - but since you were able to buy the guns once your record was sealed, i dont see how a ccw permit can be denied. Ohio, it appears, does not require the FBI NICS background check if you have lived in Ohio for 5 years before application. in my opinion, you are safe. if you run into trouble when you apply and they deny you, there is an appeal process and you can present the AG's position on the matter - if that does not work, then you would need to get a governor's pardon. but you have the guns. if there was going to be any issue it would have begun with the gun purchase

Customer: replied 6 years ago.
ty very much
Expert:  Samuel II replied 6 years ago.
anytime. good luck with everything.

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Samuel II
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