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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16030
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello, 5 Years ago me and my wife were separated. After

Resolved Question:

Hello,

5 Years ago me and my wife were separated. After not seeing her for 6 months one day she showed up at my house and started an arument out of the blue. I was just getting ready to go to bed. She had been drinking and had her freinds outside of my house throwing things at the house....so I called the police...

After the police arrived i told them what happened...she then told the police I threw her down the stairs and hurt her. (Absolutely not true I had three people who witnessed it)

To boil the story down...I ended up going to jail for a night because in the state of ohio someone has to go to jail even though I did nothing! The polioce agreed she had nothing to prove her clain to me hurting her. No marks..No nothing...

I ended up getting a lawyer who got the charges down from a Domestic Violence charge to a disorderly conduct charge....

I just found out I can't own a firearm now! So...I just asked the courts to Seal my records and EXPUNGE that offense...

MY QUESTION IS....If my records get EXPUNGED can I still be held responsible for those charges and can they still hold those charges against me if they are expunged? I am an advid outdoors guy and this is devistating to me...

If i get an expungement is it really if I never had those charges?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
jacustomer,

The problem is that while California may expunge the domestic violence matter, which would enable you to get your state gun rights back in ten years (unless the court would grant it earlier), there is also a Federal ban against firearms for anyone convicted of a crime of domestic violence.

Even if the offense you ended up pleading to was not a domestic violence offense, if according to 18 U.S.C. § 921(33)(a), if your offense has as an element:

1) the use or attempted use of physical force, or the threatened use of a deadly weapon,

2) committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

your offense would be considered a crime of domestic violence.

So you would need to have your California gun rights specifically restored by the state, along with the expungement. Without that, short of a pardon from the President of the US, you would not be able to get your Federal gun rights back.
Customer: replied 3 years ago.

I'm sorry, but I'm in the State of Ohio is that different in Ohio?

Also...will EXPUNGEMENT of the offence help or not?

 

If not, is there such a thing as reopening up a case and take it to trial that I pead non contest to?

 

Thanks for your help I'm in dismay right now.

Expert:  Zoey_ JD replied 3 years ago.
Hi,

I just realized that you said Ohio and not California, but the same problem exists anyway in that the difficulty is not going to be with the state but with the Federal Government.

You would want your lawyer to try to get your gun rights restored as part of the expungement agreement. Then, as long as your wife no longer has a protective order out against you, the Federal government should lift its ban.

Assuming you could withdraw your plea and go on to trial (almost impossible to do based on the record that the judge almost certainly had you make before accepting your plea in the first place), you would need a complete acquittal. I couldn't tell you what kind of a trial case you might have, but you could go through a lot of time, money and energy and still wind up convicted of disorderly conduct and be back exactly where you are now -- or even do worse.

The expungement will get the case off of your record, which is necessary for the Feds to lift their ban and good in and of itself for other legal purposes. But for purposes of your Federal gun rights, it is also necessary that Ohio specifically restore your gun rights.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16030
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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