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willbird wrote:BUT does it still get used against you for a NICS check ??
With a valid Ohio CHL you can bypass NICS however.
But, you have to pass NICS to get a CHL now, so...
And, since sealing the record does *not* restore your firearm rights (that requires a separate process as I understand it), you won't pass NICS if the violation removed your firearms rights at the Federal level.
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Regarding the NICS in my personal experience (charged F4 state level being young and dumb). After the incident I would fail a NICS check, I have since going on 9 years have had my case sealed/expunged as ohio words it. My letter strictly mentions that my rights to be reinstated as if the incident had never occurred. After calling the ohio attorney general, atf, and local fbi office seeking information regarding myself and how to fill out the form. The ATF was the only ones willing to speak with me and instructed me to go ahead with a purchase. Since then I have and pass the check.
I can tell you that expungement in Ohio does restore your rights (state and federal) and that when you receive the expungement order from the court it states that you may answer no to any questions asking if you've committed a felony and that state considers the offense as if it never occured.
This is contrary to law, however, I have hear allegedly that some courts actually destroy the case information and it can't be retrieved, despite the fact that the case information is supposed to be sealed.
The guys I know personally who have had felonies expunged pass the federal background check at the gun dealers with no problem. The very worst they encounter is waiting the 5 business days out before picking up the firearm. Of course, getting the ccw can help as many dealers will allow immediate pickup with the ccw.
Now as to when courts run background checks on a person I saw one for a guy in an expungement hearing who had previously gotten 4 expungements. He was working on expunging all cases which had taken place more than 10 years prior and he had turned his life around and hadn't even gotten a traffic ticket in the last 10 years.
on the background sheet that the judge had, it simply showed EXPUNGEMENT 4 times with no further information.
Now I am sure she could have probably looked this information up, or perhaps it was detailed on subsequent pages..But she simply told him she hoped he wasn't making a habit of committing crimes and then getting them expunged as a pattern. He told her he had spent the last year and a half cleaning up his record and that he hadn't been arrested or even had a ticket in the last decade.