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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90418
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was charged with domestic violence in ohio. I had it amended

Customer Question

I was charged with domestic violence in ohio. I had it amended to disorderly conduct. Does my conviction fall under the Brady Bill that I cannot own a fire arm?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. i look forward to working with you to provide you the information you are seeking.

I am afraid that as long as the DV tag is on the arrest you are going to have an issue, even though you pled to a lesser charge of disorderly conduct, it is still going to be considered DV and you are going to need to get the court to issue an order removing that disability which you then send to the FBI firearms approval unit.

Domestic violence is not a separate charge, it is a classification of a charge associated with a particular crime. So you can have DV Battery or DV Assault or even DV disorderly conduct, so what the FBI sees in their computer is still the DV designation even though you pled to a lower or different charge, so you have to send that proof and certification to the FBI to get the firearms prohibition waived. If you check your record and it clearly indicates the DV designation was removed (which most courts do not do) then you are okay, but if that DV still shows on your computer criminal record and does not show not guilty or dismissed, you are going to have to get the certificate of rehabilitation order from the court to send to the FBI.



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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90418
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 10 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Ok, it was amended to persistent disorderly conduct. Does that make a difference, and how do I get this FBI form? Also, as far as an employment BGC, I read on the Ohio Attorney General's website that if you were arrested for a crime and not convicted of it (in this case it was amended to lesser charge), then it cannot be visible to consumer report requests. I used to work as an intern in a prosecutor's office, and much has changed since I was privy on the law.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

There is no FBI "form" you have to get the court to issue an order of rehabilitation. You are not talking about a consumer report here, the FBI and every other law enforcement agency can see EVERYTHING on your criminal record. The employer will not see it, but the FBI will see it and that is why you need to get the DV indicator removed or the certificate of rehabilitation sent to the FBI. Here is where you send it: FBI Firearms Denials, even if you have not yet been denied.
Customer: replied 1 year ago.

So I should consult with my attorney on the firearm issue, correct? Putting the firearm issue aside...Am I correct that under FCRA in Ohio, the employer will only see conviction for the DC and not the Domestic violence then? Also, I had a DUI when I was 20 and am currently 28. I cannot find the DUI on my record on any self-consumer reports I paid for. What could be the issue there?

Expert:  Law Educator, Esq. replied 1 year ago.
The problem is I cannot see your actual NCIC record, so without seeing how it is entered in there completely I cannot be more definitive. You need to get your attorney to review that to determine the need to send the appeal to the FBI.

The employer on a background check would only see convictions. I do not know why it is not showing on your consumer report, but the DUI would still show on your criminal record and if they do a criminal records check it will show up.
Customer: replied 1 year ago.

I check on "been verified.com" and "peoplewise.com". It shows a lot of my not so bright college issues, but the DUI does not show up even though everything before and after does. It was in Bowling Green Municipal Court, Ohio.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the response.

Those public sites are not official criminal records checks, but I do not know why it has not picked up your DUI if you were convicted or pled guilty to DUI. You need to get your actual criminal record to see if it is on there.
Customer: replied 1 year ago.

Do I need to go to the charging court or is there a legit website to use? I am tired of spending money on sites that seem pretty shakey. I have also been told that many professional BGC companies will only go back seven years on a criminal check unless it is a felony. And driving records go for 5 years. Are there any statues in place that call for this in law, or is it a matter of time and money on the inquiring party's part?

Expert:  Law Educator, Esq. replied 1 year ago.
You can get the criminal records check done through the local police department or the court's clerk. OH has no limitation on background checks like CA. However, many of these online companies would go back 7 years to keep the CA law complied with.

These online sites are not accurate, this is why I said go to the local PD for a criminal records check.
Customer: replied 1 year ago.

So even if the conviction and record check isn't in Ohio, they will still try to comply with CA law just in case? It amazes me that a speeding ticket I had when I was 19 shows up, but a year later when I got the DUI, that is not on any of the records. How about the driving record? Stipulations on that since my local court house will only go back 3 years?

Expert:  Law Educator, Esq. replied 1 year ago.
That is correct, these background companies are paranoid from being sued. I do not know why though the DUI is not showing up because I am not able to actually investigate from here, that is only an educated guess on what we have seen happen.

In OH, Drivers records lookback periods are 3 years on regular tickets and 6 years on DUI/OVI, so this can also explain why it is no longer on your background record.
Customer: replied 1 year ago.

That is interesting considering that I selected criminal records and driving record on both websites. Could the issue be with the fact that it was disposed in municipal court in the town/county that I do not live in presently or for the past 5 years? If the case is 7 years on this issue, then I would be ecstatic. Have you run into issue where the employer doesn't want to search farther than 7 years?

Expert:  Law Educator, Esq. replied 1 year ago.
As I said, these web services are not the most accurate records, your police department record is most accurate.

I have seen some employers check more than 7 years and others even search back only 5 years, in OH, that is purely at the discretion of the employer.

I really cannot keep guessing though at why it is not appearing because I am at a disadvantage of not having the ability to view the court records to even know why and I cannot view the actual police record either, so you keep asking now for something that calls for speculation on my part and all I can tell you is general information like I told you above based on past experiences, and I am sure you do understand that.
Customer: replied 1 year ago.

Yes I do and I appreciate you help on this matter. I will check into the FBI thing as well as consult with my family attorney. Have a good evening.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.

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