Question about sealing and expungement listing on applicatio

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Question about sealing and expungement listing on applicatio

Postby M-Quigley » Sun May 28, 2017 7:31 pm

Someone asked me a question and I had no idea, but perhaps someone here might know. This is a link to the DCSO website on the application process.

http://www.darkecountysheriff.org/ccw.html

Underlining is mine, but cap letters and exclamation point is from the website.

One other vital point: If you have a criminal record, no matter how minor you may think it is and even if it is sealed!…YOU MUST indicate it on your application and divulge it the time of your appointment. Failure to do so WILL delay you in receiving your permit, or may keep you from receiving it all.


Yet the application says in most of the questions

except for a conviction or guilty plea the records of which a court has ordered sealed or expunged.


There are some questions which do not have this exception, like question 8, 11a, 11b, but the conviction wasn't for these type of offenses in those questions anyway. I can't say what the conviction was for, can only say what it was not for. This person has a misdemeanor that supposedly was expunged many years ago, although it may have actually been sealed, not expunged. It was not any kind of drug offense, crime of theft or violence, not resisting arrest or an assault on a police officer, not domestic violence or any kind of protection order. Actually I'm not even sure even if this conviction wasn't expunged or sealed that it would even matter, because as when you take those type of offenses out, none of the questions would technically be a "yes" anyway.

Still, the website uses the words "CRIMINAL RECORD". Can this Sheriff's dept. ask this of someone? Where would this person even list the offense on the form anyway, if the offense isn't one of the type of offenses listed on the application?

One of the adjacent counties (Montgomery) has a similar warning, except that it does not say to include sealed convictions. I suggested that this person could go there instead, but it would take longer and go to downtown Dayton. (45 min to 1 hr drive ?) Still if Darke is going to possibly delay the app or give the person a hassle over something that doesn't even apply anyway, maybe Mont. would be a better option. Not saying Darke would do that, but anythings possible I guess.
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Re: Question about sealing and expungement listing on applic

Postby JustaShooter » Sun May 28, 2017 8:38 pm

M-Quigley wrote:Can this Sheriff's dept. ask this of someone?

No. Absolutely no reason to answer Yes to questions 6, 7A, 7B, 9 or 10 if the record has been sealed or expunged. For questions 8, 11a, 11b, since the application doesn't specify that you shouldn't include sealed or expunged records I'd check with the clerk how they want it handled. But, if the offense is't covered by those questions, the sheriff has no business asking about them.

M-Quigley wrote:Where would this person even list the offense on the form anyway, if the offense isn't one of the type of offenses listed on the application?

If the conviction isn't covered by one of the questions, even if it wasn't sealed or expunged, there is nowhere on the application to disclose anything of the sort, and no need under the law to do so.
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Re: Question about sealing and expungement listing on applic

Postby MyWifeSaidYes » Sun May 28, 2017 10:07 pm

Exactly what JustaShooter said.

And IF a Sheriff denies an applicant for non-disclosure of a criminal record not relevant to a CHL application, follow these 2 steps:

1) Immediately contact the Sheriff and request an appeal for the denial, and

2) Get in contact with me via a PM here on OFCC so I can "explain" ( :twisted: ) the situation to the Sheriff prior to your appeal hearing.
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Re: Question about sealing and expungement listing on applic

Postby M-Quigley » Sun May 28, 2017 11:11 pm

MyWifeSaidYes wrote:Exactly what JustaShooter said.

And IF a Sheriff denies an applicant for non-disclosure of a criminal record not relevant to a CHL application, follow these 2 steps:

1) Immediately contact the Sheriff and request an appeal for the denial, and

2) Get in contact with me via a PM here on OFCC so I can "explain" ( :twisted: ) the situation to the Sheriff prior to your appeal hearing.


It wouldn't be MY appeal hearing, but I know what you mean. I don't think they would likely outright deny the applicant, (although anythings possible I guess) , was thinking more about the possibility of them running the clock out, so to speak, for no good reason. If they're going to do that nonsense, this person would be better off going somewhere else in the first place. Not saying they would do that, don't know. They normally have a good reputation for the turnaround time to process an application and issue a license, much quicker than Mont. (although in Mont. Co.'s defense they have much higher volume) This person could potentially go to one of the other counties that also have low volume of applicants also.
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