sealed or expunged records

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Mr.White
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sealed or expunged records

Post by Mr.White »

I was convicted of felonious assault as a minor...when I turned 18 my parents had it sealed/expunged...

well while I was at CCW class today I discovered the Ol' Sheriff is able to look into that and deny me...

so my question is: should I hope and pray that the Castle Doctrine gets signed OR does the sheriff not look at juvenile records and apply sooner...

I'm 32yrs old now if that is at all relevant :roll:
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jeffkirchner
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Post by jeffkirchner »

...should I hope and pray that the Castle Doctrine gets signed...
Yes
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color of law
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Post by color of law »

You would not want the CCL denied then have to reapply. Pay $55 twice. And then fight over the first denial. Not to say the first try would be denied. I know you don't want to wait, but that may be a wise choice.
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OhioMike
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Post by OhioMike »

The Governor has stated he will sign the bill into law. The bill will be enacted
90 days after his signature

Make sure that you have your court Expungement (Sealed Record in Ohio)
documents and all your other paperwork, pictures, funds ready on the 91
day after the Governor signs the bill

Then go apply for your Ohio license. Make sure that you supply a copy
of your court documents with your application, Also answer ALL QUESTIONS
Honestly when you fill out your application

At least this is what I did when I filled out my "Non-Resident" Florida license

I would find it hard to believe that you would want to "Lie" about your past
history even with your sealed record
jabeatty
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Post by jabeatty »

OhioMike wrote:Then go apply for your Ohio license. Make sure that you supply a copy of your court documents with your application, Also answer ALL QUESTIONS Honestly when you fill out your application
I wouldn't supply court documents - I would answer all questions honestly.

Btw, have you seen the revisions to the application form? Here's how the typical question now reads:
(4) Are you under indictment for a felony, 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, have you ever been convicted of or pleaded guilty to a felony, or, except for a delinquent child adjudication 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, have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult?
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Mr.White
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Post by Mr.White »

jabeatty wrote:
OhioMike wrote:Then go apply for your Ohio license. Make sure that you supply a copy of your court documents with your application, Also answer ALL QUESTIONS Honestly when you fill out your application
I wouldn't supply court documents - I would answer all questions honestly.

Btw, have you seen the revisions to the application form? Here's how the typical question now reads:
(4) Are you under indictment for a felony, 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, have you ever been convicted of or pleaded guilty to a felony, or, except for a delinquent child adjudication 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, have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult?
so do I answer "YES" that I had a felony..even though I was a minor?
jabeatty
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Post by jabeatty »

Mr.White wrote:so do I answer "YES" that I had a felony..even though I was a minor?
I'm not a lawyer, but it sure sounds like that first exception applies to you:
(4) Are you under indictment for a felony,
No, you're not - right?
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, have you ever been convicted of or pleaded guilty to a felony,
Well, you've either been convicted or pled guilty to a felony, but that's been expunged, correct? Sounds like this exception applies to you, making the correct answer to this question "No."

The other questions that ask about various "disabling" convictions have similar language inserted. The basic gist of the changes is that if your disability has been removed, or your criminal record has been sealed or expunged, you answer them as if the crime was never committed.
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dan dan the XD40 man
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Post by dan dan the XD40 man »

It sucks that you have to be a lawyer to understand the questions.
Poop!
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color of law
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Post by color of law »

dan dan the XD40 man wrote:It sucks that you have to be a lawyer to understand the questions.
What's so hard to understand about that question? The law says if it was sealed or expunged it don't exist as far as CCL is concerned. And the sheriff can't even consider sealed or expunged records.
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dan dan the XD40 man
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Post by dan dan the XD40 man »

color of law wrote:
dan dan the XD40 man wrote:It sucks that you have to be a lawyer to understand the questions.
What's so hard to understand about that question? The law says if it was sealed or expunged it don't exist as far as CCL is concerned. And the sheriff can't even consider sealed or expunged records.
Do you think most people have a working knowledge of whatever the heck Section 2923.14 of the Revised Code is?

What does "disability" mean in that question?
Poop!
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OhioMike
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Post by OhioMike »

First off, my prior post was based on what I was required to send for my Florida
license 2 years ago. They DID require a Notarized COPY of either my "Relief Of Disability"
or an Expungement / Sealed Record document. I just read through the Florida Instructions
that I still have and they will NOT process your application without these documents.
I would suspect that Ohio would do the same

We will just have to read the latest Ohio forms carefully first

Secondly, I filed for "Relief of disability" through the court
All this does is state that a court has reviewed your personal situation
in depth and the court grants you a full and complete restoration of all
of your firearms rights.

This is really not necessary with a sealed record. I just went one step further
hoping it would allow me to obtain my Ohio license, which it didnt
Last edited by OhioMike on Sat May 31, 2008 11:49 pm, edited 1 time in total.
SMMAssociates
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Post by SMMAssociates »

dan:

"Disability" in this context means "Legal Disability"....

IOW, "something you're not legally allowed to do", within some other context.

A Felon, for example, caught with a weapon, may be charged with "carrying a weapon under disability." Kinda shorthand....

(IANAL, but this is an easy one. Where you get to have fun is when you have to spend a day chasing pointers to some other section of the law to try to figure out what the one you were looking at means. This can become a career.... Probably why I got into computers instead....)

Regards,
Stu.

(Why write a quick note when you can write a novel?)

(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)

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OhioMike
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Post by OhioMike »

{Post deleted - PM sent - JK}
Mr.White
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Post by Mr.White »

Lot's of good info, thanks fellas...I think I will just sit back and wait for the new laws to pass then apply with the Sheriff....
I just hate waiting :evil:
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OhioMike
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Post by OhioMike »

I will post here the day I file for mine as I will be doing so the very day it
is possible for me to apply

PS, that is one messed up Clown avatar ya' have there Mr. White
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