Expunge/Seal Question

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skifast
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Joined: Tue Jul 07, 2009 9:29 am
Location: Akron

Expunge/Seal Question

Post by skifast »

A friend of mine applied for a CCW. He had a misdemeanor conviction for open alcohol, eight years ago. He forgot(I know) he was also cited for resisting arrest. When notified by the sheriff, he had the conviction sealed. The sheriff deputy told him he has to wait a year from the date the conviction was sealed, to get a license.

I have not heard of this before, is it correct?
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MyWifeSaidYes
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Re: Expunge/Seal Question

Post by MyWifeSaidYes »

Hmm...Due to the time that has passed, I don't think either the open container or the resisting arrest would prohibit him from obtaining his CHL, but I could be mistaken.

As to the 'try again in a year' issue, the Sheriff is referring to R.C. 2923.125 (D)(2)(c), wherein if your friend APPEALED the Sheriff's written denial and a court agreed with the Sheriff's decision, THEN your friend would have to wait a year before re-applying.

If the Sheriff did not issue a written denial, or if your friend did not appeal the decision, I don't see anything that would prevent your friend from re-applying right away. I would simply add a copy of any sealing order from the court to the application.
MyWifeSaidYes
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