question 8

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RoadGlide
Posts: 2
Joined: Wed Jun 16, 2021 12:02 pm

question 8

Post by RoadGlide »

10 years ago I was convicted of DV M4. (m4 being the important part per my lawyer)
I had that charge sealed about 6 years ago.
I was told by my lawyer that moving forward I could answer and treat it as it never happened.
He said if I wanted piece of mind I could request a criminal background check from the FBI.
I went through the process, was finger printed and sent in the forms. About 3 months later the response came back that no criminal record was found.
I also called BCI to request if they had anything on file for me and that also showed I was clear.

Fast forward to today, Id like to get my CHL.
Is my lawyers advice stating I can answer "no" accurate?

I know in the attorney generals handbook it states;
"The sheriff shall not consider the conviction, guilty plea, or
adjudication of an applicant’s sealed records even if those sealed
offenses would otherwise disqualify an applicant. If you have
questions about sealed criminal records, consult an attorney"

But that doesn't tell me if I should disclose the information and they cant use it or treat it as it never happened per my lawyer.
s2h_euclid
Posts: 7
Joined: Wed Jan 27, 2021 1:04 am
Location: Euclid

Re: question 8

Post by s2h_euclid »

In most expungements that I have seen there is some language stating you may treat the conviction as having never occurred. Here is an excerpt from one Journal Entry

"Therefore it is hereby ordered that all official records pertaining to this case be sealed, that except as provided in R.C. 2953.32(F) All index references to this case shall be deleted, that the proceedings in this case shall be deemed not to have occured, and that the applicants conviction shall be sealed, except as provided by R.C. 2953.32(C)(2).
It is further ordered that the applicant be and is hereby restored to all rights and privileges not otherwise restored by termination of sentence or probation or final release on parole..."

This is not legal advice, nor am I an attorney.
Liberty
Posts: 91
Joined: Tue Mar 03, 2015 10:38 pm
Location: Akron

Re: question 8

Post by Liberty »

Disclaimer: I am not a lawyer and this is not legal advice. What I write is for educational purposes only.

In Ohio, only those who are convicted of felonies lose civil rights. See: https://codes.ohio.gov/ohio-revised-cod ... on-2961.01" onclick="window.open(this.href);return false;.

BATFE’s website has a FAQ section that may be relevant to the subject matter at hand: https://www.atf.gov/firearms/qa/individ ... e-or-whose" onclick="window.open(this.href);return false;. See also Caron v. United States, 524 U.S. 308 (1998).
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