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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25395
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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30 yrs ago i was convicted of grand theft and have been denied

Resolved Question:

30 yrs ago i was convicted of grand theft and have been denied a ccw can i get this expounged
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Hello Jacustomer,

Ohio will expunge a felony if it is your first and only conviction, if it doesn't fall into one of the prohibited categories, and if you were eligible for probation.. Here is as plain English version of the Ohio expungment law. and you can check your eligibility by looking over all of the requirements. If you are eligible, the article tells you how you can apply for the expungement. There's a $50 fee which can be waived if you are indigent, but this process does not have to be done by a lawyer.

If you are unable to get the expungement because of eligibility then the only thing you can do in order to restore all of your rights would be to try to get a full pardon from the Governor of Ohio. The Ohio Parole Board screens applicants for the governor. Here are the instructions which would tell you what you'd have to put together in order to apply.

And here's the form which you could download and work on.

Good luck!
Customer: replied 4 years ago.
It happened in California I live in ohio
Expert:  Zoey_ JD replied 4 years ago.
Hi Jacustomer,

That makes a difference as you must expunge the felony in the state where you got the felony. You might be able to do this from Ohio, but the paperwork must be filed in California.

I have both good an bad news for you. California is more generous than most states when it comes to cleaning up your criminal record. It even runs its own very handy, free do-it-yourself expungement self-help center. It's on the web complete with all necessary forms.

I have provided you with a link to it. It will allow you to check your eligibility for an expungment and then, if you are eligible, it will give you step-by step directions, including links to the downloadable forms you'll need.

When you use the link above and get to the home page, click on "Criminal Law" from the column on the left. Then click on "Cleaning your Criminal Record," scroll down towards the bottom of the page to the links and expand them so that you can see all of the steps. You could do this for yourself without a lawyer, and it would be completely free.

The bad news is that a CA expungemnt is not a true expungement. That is, it results in a dismissal, which is not recognized by the Federal government for purposes of restoring your state or Federal gun rights.

A California pardon based on a Certificate of Rehabilitation and a finding of innocence probably could satisfy the Federal government,though I must warn you they are all but impossible to get. Still, after 30 years, this is a longshot worth going for.. This site will give you a lot of information about the state of the law and the interaction between the California and Federal government in this area, but it won't, unfortunately, provide you with any hope, other than what I've already said above.

Again, however, a pardon does not require a lawyer, so there's no reason not to try for one.


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