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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
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5 years ago I hired a law firm to fight a BOGUS Domestic Violence

Resolved Question:

5 years ago I hired a law firm to fight a BOGUS Domestic Violence Charge against me made by my estranged X wife.

I needed to fight this because my entire family and I are extreme out door sportsman and it's everything to me besides my family.

The Law firm I hired negotiated to have the charges lowered to a Disorderly Conduct and plead no contest. I still had to pay fines and take 12 weeks of anger management where i did NOT belong.

5 Years later (this week) I just attempted to purchase a firearm and discovered that I was declined and blocked from purchasing one because of this charge as well.

The law firm I hired SNOOKERED ME and neglected to tell me that this charge would also cause me the right to purchase a firearm as well. If I would have known this I would have taken the case to trial and won! There is no evedence and I am one of those rare cases of being totally innocent.

MY QUESTIONS - I AM IN OHIO

1. HOW DO I HAVE A CASE I PLEASED NO CONTEST TO (4TH DEGREE MISDEMENOR) REOPENED AND TAKEN TO TRIAL? IS IT POSSIBLE?

2. I ALSO FILED FOR EXPUNGEMENT OF THIS CASE AND MY COURT HEARING IS SET FOR THIS MONTH. IF I OBTAIN EXPUNGEMENT CAN THE GOVERNMENT STILL USE THIS AGAINST ME?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 3 years ago.
Chat Conversation Started
JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

I am sorry to learn of your circumstances.

JB Umphrey :

As a general matter, it is not possible to re-open a case that is five years old, withdraw a plea of no-contest and ask for a trial. The doctrine of "finality of judgment" does not allow for it.

JB Umphrey :

Also, as a general matter, if your expungment is approved, they you may find that future attempted firearm purchases will be approved.

JB Umphrey :

Good luck and best wishes for better days ahead.

JB Umphrey :

I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer :

Thanks for the information. I was under the impression that in Ohio they seal your records. It's their version of enspungement. Are sealed records viewable to instant background checks? Do you have any idea?

JB Umphrey :

Sealed records are not available for the public.

JB Umphrey :

Sealed records are available for law enforcement.

JB Umphrey :

A sealed record is different than an exungement.

JB Umphrey :

A sealed record merely hides the record from public view. It does not dismiss the case. Or provide a completely clean slate.

JB Umphrey :

One can be denied a firearm permit based upon a sealed record.

Customer :

Thanks for your help. I hope the law firm that misguided me can help.

JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 2 other Criminal Law Specialists are ready to help you

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