felony expungement

If you have questions or know the answers to questions about the application and renewal process this forum is for you. Post your experiences or ask your new applicant questions here.

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SeanC
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Post by SeanC »

Good find! I figured someone had already made that argument, but I didn't do any case research because I never expected that the issue would have been addressed by the United States Supreme Court.

As to Cassidy, looks like there was no petition for cert. to the Supreme Court. Westlaw says the case was disagreed with in the 7th and 1st circuits. The D.C., 5th and 9th Circuit declined to follow it, along with the Middle District of Florida. Within the Sixth Circuit, there are distinguishing cases from the District Courts in Kentucky (which does not restore civil rights by statute) and on other grounds in Tennessee. For Ohio citizens, though, Cassidy is the end of the line.
I am a lawyer; I am not your lawyer.
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SeanC
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Post by SeanC »

I just re-read Cassidy. At the end of the day, the Court of Appeals said that Cassidy, because his conviction was for DRUGS, was specifically prohibited from possessing firearms under state law on those grounds, despite the fact that his other civil rights had been restored. Basically, if he had been convicted for anything other than a drug crime, there wouldn't be a separate state firearms disqualifier and he would not have been barred from possessing firearms under either the state or federal statutes once his right to vote, serve on a jury and hold public office had been restored to him.

In the case of a conviction for a non-violent burglary, which is what we seem to me facing here, I think Cassidy might be a viable option.
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TopDogg
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Post by TopDogg »

Thx for all the info guys,I'm kind of lost though. so what would I do first,and so on? Thx again,i appreciate it. :?
mreising
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Post by mreising »

TopDogg wrote:Thx for all the info guys,I'm kind of lost though. so what would I do first,and so on? Thx again,i appreciate it. :?
Start with an attorney who is familiar with the firearms laws. We have many knowledgeable people here, including several attorneys, but the free legal advice won't help you in court without a representative. Because each situation is unique, you need someone who can assist you personally.

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color of law
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Post by color of law »

The first step would be to go the county court you were tried in and ask them to pull it records. A lot of times they will restore your rights and never tell you. This should be in the record. If it is you will need a certified copy of the record or certified copy the docket showing the restoration of rights. Don't let a clerk of court intimidate you and tell you he can't help you. It's his job. It's public record. Depending on how old the case is, the records may be in storage and may take a few days to pull.
jabeatty
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Post by jabeatty »

color of law wrote:The first step would be to go the county court you were tried in and ask them to pull it records. A lot of times they will restore your rights and never tell you. This should be in the record. If it is you will need a certified copy of the record or certified copy the docket showing the restoration of rights. Don't let a clerk of court intimidate you and tell you he can't help you. It's his job. It's public record. Depending on how old the case is, the records may be in storage and may take a few days to pull.
If you just want to confirm that your record is intact and is still an issue, just hop over to the Auglaize County Clerk of Courts search site and key in the relevant info.
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Hask12
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Post by Hask12 »

An expunged record, in the State of Ohio, can still be used against you to prevent you from getting your CCW license.
TopDogg
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Post by TopDogg »

Hey everyone im back and i know that it has been awhile. i finally got my paper from the auglaize county court and it said that ALL of my civil rights had been restored. so do u think that im able to get a ccw now,because as i said earlier my crime was a non violent one.it was a 4th degree felony which was the lowest at that time. thx again for the info
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SeanC
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Post by SeanC »

Congrats on getting your firearms rights restored. Did you get your records sealed yet? If not, go ahead and get to work on it. In 90 days you'll be eligible for a CHL with your sealed records.
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OhioMike
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Post by OhioMike »

I was in the same boat as you....

I can now legally purchase firearms and have "Non-Resident" CHL from
Florida and Virginia as those States recognize Sealed or Expunged records

1. Get a firearms attorney and get your record "Sealed". A local Attorney
did this for only $750.00. It took about 3 months

2. File for "Relief Of Disability". If the Judge grants this ask him to please add
a sentence in the document that states "The Court finds that "You" have been
granted full and complete firearms rights reinstatement"

Even though that is basically what "Relief Of Disability" is, get in actual writing

With both of these you will be 100% legal again. I don't know your background
but I had a Felony drug conviction when I was a kid and I now have all my
rights restored. Mind you the court really looks at your ENTIRE Life history when
considering both of these. Any minor infraction can cause the Judge to Deny
granting these to you. Getting your record sealed and obtaining relief are a
priviledge, not a right. As such they are granted under the Judges disgretion

You will be able to apply for an Ohio CHL on 9-12-2008 as this is when the
latest bill "Kicks In" and the State can not look into Sealed Records any
longer when considering issuance of a CHL

I have both "Sealed Record" and "Relief". I obtained my Sealed first then Relief. I
did not apply for a CHL or attempt to purchase a firearm until I had these

Good Luck, it can be done
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