Misdemeanor Drug Charge and CCW

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Misdemeanor Drug Charge and CCW

Postby dgsteel1 » Thu Apr 14, 2011 2:18 pm

I received a misdemeanor drug paraphernalia charge in 2005 and am in the process of having the record expunged. (Need to pay the lawyer $300 to get the ball rolling). I have not been convicted of any drug related charges since and have never been convicted of a felony. My job puts me alone on a bad side of town every day of the week. I cant tell you how many times I have been a block away from a murder....this year. My boss has paid to have everyone in our office get their CCW. However, I being the one that needs it most, fear that due to my prior record I will be denied my Concealed Carry License. If I get the record expunged, should I be okay to apply for it? If my record fails to be expunged, do I even have a chance? Would a letter from my employer explaining the situation I am in help my case with the sheriff? I have never cared to carry a weapon but feel irresponsible putting myself in bad situations without one. I appreciate any and all help.
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Re: Misdemeanor Drug Charge and CCW

Postby Tourist » Thu Apr 14, 2011 2:29 pm

If you get it sealed, you should be good to go. If not, I don't believe you can, but IANAL, and you should consult a lawyer.
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Re: Misdemeanor Drug Charge and CCW

Postby Napoleon85 » Thu Apr 14, 2011 2:29 pm

If you get the record sealed (afaik, Ohio does not expunge records) then it can not cause you any problems. If you don't get it sealed, then you are disqualified from obtaining a CCW permit. You are also committing a felony if you are in possession of a firearm with that drug misdemeanor.

Also, the process is a bit broken right now, but a bill that is on it's way to the House aims to fix it.

This should have all been covered in your CCW class and in the AG handbook that you were required to be given as part of that class.
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Re: Misdemeanor Drug Charge and CCW

Postby dgsteel1 » Thu Apr 14, 2011 3:04 pm

Thanks for the response. I am yet to have taken the class and dont see a reason to do so until i know that I can get the record sealed. Lawyer believes it will be sealed but that could just be because he wants my $300. I dont own any have never possessed any weapons, guns included. They have never been a passion of mine and I really only want one because of my job duties. Guess I will apply to have the record sealed and see where it goes from there. I appreciate anymore insight in to the matter.
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Re: Misdemeanor Drug Charge and CCW

Postby gmhiggins » Thu Apr 14, 2011 4:00 pm

dgsteel1 wrote:Thanks for the response. I am yet to have taken the class and dont see a reason to do so until i know that I can get the record sealed. Lawyer believes it will be sealed but that could just be because he wants my $300. I dont own any have never possessed any weapons, guns included. They have never been a passion of mine and I really only want one because of my job duties. Guess I will apply to have the record sealed and see where it goes from there. I appreciate anymore insight in to the matter.


You do not need a lawyer to seal your record. You can contact the clerk of courts for where you were convicted and start the process yourself. I believe I've read on this forum for a cost of around $80. And again, if you get the record sealed, right on the CHL application it says you can answer "No" if it has been sealed or expunged. "or except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code" It is all over the application. Hope this helps, give the forums a good look through and I'm certain you'll find all the details you'll need on sealing this yourself, which will save you enough money to put towards a nice handgun :D
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Re: Misdemeanor Drug Charge and CCW

Postby BobK » Thu Apr 14, 2011 5:17 pm

Napoleon85 wrote:Also, the process is a bit broken right now, but a bill that is on it's way to the House aims to fix it.

That is not applicable at all in this case. He has a misdemeanor that has Ohio-only implications. You are talking about felonies and the federal level. Also, you are talking about rights restoration, but the topic here is getting the record sealed (which does work for federal as well).

To the OP:

FWIW, Ohio does not have expungement for adults -- your only recourse is to get your record sealed. There is no practical difference between expungement and sealing anyway, unless someone commits another offense in the future. In those circumstances, a sealed record can be opened to be considered during sentencing of the new offense.

When you get your record sealed. It only costs about 50 bucks and you do not need a lawyer. It will make you feel like that chapter in your life has finally been closed.

Thanks to P-Chan, here's a great PDF with ALL the instructions for an adult in Ohio that wants a record sealed.

http://www.ohiolegalservices.org/public ... 011%29.pdf

The process is specified at R.C. 2953.31 through 2953.36.

# 2953.31 Sealing of record of conviction definitions.
# 2953.32 Sealing of conviction record or bail forfeiture record.
# 2953.321 Divulging confidential investigatory work product.
# 2953.33 Restoration of rights and privileges.
# 2953.34 Sealing record not to affect appeal rights of first offender.
# 2953.35 Divulging confidential information.
# 2953.36 Sealing of record of conviction exceptions.

Getting your record sealed only works for a "First Time Offender". First time offender includes people who has multiple convictions within a short time period (see definitions).

Let me repeat in case it did not sink in the first time it was mentioned above. Do not possess or have any firearms until the record is sealed or you could potentially be charged with the crime of possessing a firearm under disability.
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Re: Misdemeanor Drug Charge and CCW

Postby Napoleon85 » Thu Apr 14, 2011 8:32 pm

BobK wrote:
Napoleon85 wrote:Also, the process is a bit broken right now, but a bill that is on it's way to the House aims to fix it.

That is not applicable at all in this case. He has a misdemeanor that has Ohio-only implications. You are talking about felonies and the federal level. Also, you are talking about rights restoration, but the topic here is getting the record sealed (which does work for federal as well).


Thank you for the clarification on that. I was under the impression the implications for a minor misdemeanor drug conviction had more broad implications and I appreciate the correction as I have a family member in the same situation. I was also under the impression that both sealing the record and the rights restoration process were broken by the same disparity between federal and Ohio law.

This raises an interesting question for me (we can take this to PMs if you wish to not derail the thread any further), if someone in this situation moved to another state would they be OK to be in possession of a firearm? What about obtaining a CCW/CHL license in another state as long as there is not specific verbiage disqualifying them based on this offense?
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Re: Misdemeanor Drug Charge and CCW

Postby BobK » Fri Apr 15, 2011 6:41 am

Napoleon85 wrote:if someone in this situation moved to another state would they be OK to be in possession of a firearm? What about obtaining a CCW/CHL license in another state as long as there is not specific verbiage disqualifying them based on this offense?

Yes to both questions. The Ohio misdemeanor drug issue for firearms disability and CHL license eligibility are Ohio-specific.

If another state does not disqualify for those crimes, then a person would be legal in that state. However, if another state does have a statute that creates either firearms disability or CHL license ineligibility for drug misdemeanors, the crime committed in Ohio would count in the other state as well.
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Re: Misdemeanor Drug Charge and CCW

Postby dgsteel1 » Wed Apr 20, 2011 10:22 am

You guys are awesome and I GREATLY appreciate all of the information. I am going to save my $200 and just go ahead and start the sealing process myself. With the way the buddy-buddy justice system works, I just wonder if my chances for getting the record sealed go up with having a lawyer file for me.
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