CHL Eligibility

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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crwtuna
Posts: 2
Joined: Sat Jan 26, 2013 2:29 pm
Location: Lancaster, OH

CHL Eligibility

Post by crwtuna »

I have been reading the posts concerning sealing of records and relief from weapons disability. I have a couple of question which I would appreciate any help in getting some good answers for.

In 1974 I was arrested for two counts of ORC 2913.51. I plead not guilty and went to trial at the Cuyahoga County Court of Common Pleas in June of 1975. The jury was hung and I plead guilty at the recommendation of my attorney (I was guilty). I was sentenced to 6 months at the Warrensville Workhouse but released after 30 days with no probation.

This was 41 years ago, and I think that in return for my guilty plea the felony was reduced to a misdemeanor charge. I pulled up my info on the Cuyahoga County Clerk of Courts website and the case summary, docket info, general and case info forms make no reference to either a felony or misdemeanor. How can I tell for sure which one it is? I have slept since then and I just can’t recall the details.

Other than an occasional speeding ticket I have had no issues since. In fact, my son is a 10 year police officer. Now I would like to seal my record for employment reasons and I would like to get a concealed carry license. If I am successful in getting my record sealed, will that restore my 2nd Amendment Rights? Or, do I need to seek “Relief from Weapons Disability” in addition to sealing my record?

Thank you in advance for your time.
Brian D.
Posts: 16229
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: CHL Eligibility

Post by Brian D. »

From your account it sounds like this was a misdemeanor conviction. That seems to hinge on the value of the property received. If that's the case, you should be clear to get a CHL from Ohio.

We do have some practicing attorneys who participate here regularly, I'd advise you to wait on their input. (If I knew how to activate the "Bar Signal" we could get them here sooner.)

Best of luck. What you did 41 years ago, and paid the penalty for as proscribed by the legal system, should certainly be easy to seal, if not look past outright, by that same system.

Besides felonies, drug or violence misdemeanors are the sticky wicket in Ohio's laws.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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sodbuster95
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Re: CHL Eligibility

Post by sodbuster95 »

If you were sentenced to 6 months, then my guess is that you pled to the 1st degree misdemeanor (though, that's not a certainty). If so, then you should not need to get the conviction sealed to be eligible for a CHL. You'll want to contact the clerk of courts to confirm the actual conviction.

If you would like it sealed regardless or for other reasons, here are two good resources that may be of assistance:

Reentry Coalition - Instructions for Sealing a Criminal Record

Ohio Justice & Policy Center’s Criminal Records Manual

Your jurisdiction's local bar association may offer a clinic on sealing records, as well (the Toledo Bar Association does). To be frank, in most cases this is not something for which an attorney is required. You can do it on your own just as readily and with far less expense.
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Information posted in these forums is my personal opinion only. It is not intended, nor should it be construed, as legal advice.
Brian D.
Posts: 16229
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: CHL Eligibility

Post by Brian D. »

Forgot to say WELCOME to our forum. How's the mayor of Lancaster doing these days? (We get into a lot of Ohio political gossip here too, fun stuff. :D )
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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crwtuna
Posts: 2
Joined: Sat Jan 26, 2013 2:29 pm
Location: Lancaster, OH

Re: CHL Eligibility

Post by crwtuna »

Thank you all for your input and the warm welcome!
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