Resisting arrest more than three years ago?

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pleasantguywhopacks
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Resisting arrest more than three years ago?

Post by pleasantguywhopacks »

I have a person that has submitted his app for CHL and just now tells me that he had a resisting arrest charge during a night of pre deployment drinking and he plead it out and paid a fine just prior to going over seas to be deployed. Will this scuttle his application? What level misdemeanor is that?
IF it scuttles it can it be sealed? I do not believe there was any charge of assault on LE with this.
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Re: Resisting arrest more than three years ago?

Post by JediSkipdogg »

Resisting arrest is 2921.33

2923.125 Application and licensing process. states in (D)(1)(f)...

Except as otherwise provided in division (D)(5) of this section, the applicant, within three years of the date of the application, has not been convicted of or pleaded guilty to a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, or a misdemeanor violation of section 2923.1211 of the Revised Code; and has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer or for committing an act that if committed by an adult would be a misdemeanor violation of section 2923.1211 of the Revised Code.

Now, (h) states...

Except as otherwise provided in division (D)(5) of this section, the applicant, within ten years of the date of the application, has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2921.33 of the Revised Code.

And finally (D)(5) states...

(5) If an applicant has been convicted of or pleaded guilty to an offense identified in division (D)(1)(e), (f), or (h) of this section or has been adjudicated a delinquent child for committing an act or violation identified in any of those divisions, and if a court has ordered the sealing or expungement of the records of that conviction, guilty plea, or adjudication pursuant to sections 2151.355 to 2151.358, sections 2953.31 to 2953.36, or section 2953.37 of the Revised Code or a court has granted the applicant relief pursuant to section 2923.14 of the Revised Code from the disability imposed pursuant to section 2923.13 of the Revised Code relative to that conviction, guilty plea, or adjudication, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a concealed handgun license on a temporary emergency basis submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.

So, if he gets it sealed, he should be good to go. If he's already applied, it's going to be denied unless it's over 10 years old.
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Re: Resisting arrest more than three years ago?

Post by pleasantguywhopacks »

I'll email him this..thanks!

What is the process for sealing? I'll want to send him info on that as well.
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Re: Resisting arrest more than three years ago?

Post by JediSkipdogg »

pleasantguywhopacks wrote:I'll email him this..thanks!

What is the process for sealing? I'll want to send him info on that as well.
Depends on the county. Easiest recommendation without knowing that is to tell him to look up the Clerk of Court in his county and ask the process.

Here's the list of all Ohio Clerks of Courts... Ohio Clerk of Courts Association

The phone numbers are the actual Clerk's. I'd just use the links and see if the process is listed. Hamilton County is an easy process and only $50 and can be done oneself.
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Re: Resisting arrest more than three years ago?

Post by pleasantguywhopacks »

I'll get him the info, thanks!
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Re: Resisting arrest more than three years ago?

Post by JediSkipdogg »

Glad I could help and hopefully it all works out. Let me/us know if it does. Kind of curious how a judge takes a resisting arrest when it comes to sealing.
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Re: Resisting arrest more than three years ago?

Post by pleasantguywhopacks »

JediSkipdogg wrote:Glad I could help and hopefully it all works out. Let me/us know if it does. Kind of curious how a judge takes a resisting arrest when it comes to sealing.
Well the guy served honorably in the army after being in astan and now post service is working hard and raising a family and wanting to serve in the church so I think that said a decent judge should grant it. I would stand as a character witness in court if he asked.
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Re: Resisting arrest more than three years ago?

Post by soontobedeity »

Also, here's a general guide to sealing if he's interested: Understanding and Clearing Up Criminal Records in Ohio
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Re: Resisting arrest more than three years ago?

Post by pleasantguywhopacks »

Excellent thanks!
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Re: Resisting arrest more than three years ago?

Post by pleasantguywhopacks »

Well he was denied.

How long after one gets their record sealed should the wait to reapply? Being this was a resisting arrest , would he be better off utilizing a lawyer or should he petition by himself?
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Re: Resisting arrest more than three years ago?

Post by JediSkipdogg »

pleasantguywhopacks wrote:Well he was denied.

How long after one gets their record sealed should the wait to reapply? Being this was a resisting arrest , would he be better off utilizing a lawyer or should he petition by himself?
That's possible a Werz question on a lawyer or not. It's a misdemeanor but his reason for the sealing (if needed) is to get a CHL. Not sure how friendly the court will look at that. I generally advise many to do it themselves though.

As for how long one should wait, I'm not sure what the BCI backlog is currently. Last year is was 6 months to process sealings. I'll ask around to see if anyone knows if the process is faster. If he has money to throw away, I'd say wait three months then have him go to the local sheriff to have a BCI/FBI background check conducted on himself. If it's clear, re-apply. If not, wait another 3 months and do the background check again.
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Re: Resisting arrest more than three years ago?

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pleasantguywhopacks wrote:Well he was denied.

How long after one gets their record sealed should the wait to reapply? Being this was a resisting arrest , would he be better off utilizing a lawyer or should he petition by himself?
Once it is sealed, he could have walked over to the sheriff's office with the court paperwork and applied right then and there. No need to wait on BCI.

Since he was denied, he can challenge the denial in court. If the court upholds the denial (which it should since the denial is currently valid), then he has to wait a year before re-applying. Simpler to let it go, wait a year, and re-apply.

http://codes.ohio.gov/orc/2923.125" onclick="window.open(this.href);return false;

R.C. 2923.125(D)(2)(b) If a sheriff denies an application under this section because the applicant does not satisfy the criteria described in division (D)(1) of this section, the sheriff shall specify the grounds for the denial in a written notice to the applicant. The applicant may appeal the denial pursuant to section 119.12 of the Revised Code in the county served by the sheriff who denied the application. If the denial was as a result of the criminal records check conducted pursuant to section 311.41 of the Revised Code and if, pursuant to section 2923.127 of the Revised Code, the applicant challenges the criminal records check results using the appropriate challenge and review procedure specified in that section, the time for filing the appeal pursuant to section 119.12 of the Revised Code and this division is tolled during the pendency of the request or the challenge and review. If the court in an appeal under section 119.12 of the Revised Code and this division enters a judgment sustaining the sheriff's refusal to grant to the applicant a concealed handgun license, the applicant may file a new application beginning one year after the judgment is entered. If the court enters a judgment in favor of the applicant, that judgment shall not restrict the authority of a sheriff to suspend or revoke the license pursuant to section 2923.128 or 2923.1213 of the Revised Code or to refuse to renew the license for any proper cause that may occur after the date the judgment is entered. In the appeal, the court shall have full power to dispose of all costs.
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Re: Resisting arrest more than three years ago?

Post by pleasantguywhopacks »

My friend has informed me that today he submitted to have his record sealed..we shall see how it goes.
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Re: Resisting arrest more than three years ago?

Post by pleasantguywhopacks »

Update

The judge denied him a sealing..and said if he waited a couple more years he would have granted it. :?:

Thing is if he waits a few more months it will be ten years and what I can tell can just reapply for the license. The judge was goofy.
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