Sec 3 question 8

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Buddman
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Sec 3 question 8

Post by Buddman »

Should I answer yes Plain assault conviction 35 years ago. No domestic or anything like that
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JustaShooter
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Re: Sec 3 question 8

Post by JustaShooter »

What specific section of Ohio Revised Code were you convicted of? If it was ORC 2903.13 then it was an offense of violence:
(9) "Offense of violence" means any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161, of division (A)(1) of section 2903.34, of division (A)(1), (2), or (3) of section 2911.12, or of division (B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
http://codes.ohio.gov/orc/2901.01" onclick="window.open(this.href);return false;

That doesn't mean you can't get your license - as long as it was a misdemeanor and wasn't committed against a law enforcement officer, and was over 3 years ago, it doesn't prohibit you:
(f) Except as otherwise provided in division (D)(4) or (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.
http://codes.ohio.gov/orc/2923.125" onclick="window.open(this.href);return false;
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Buddman
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Re: Sec 3 question 8

Post by Buddman »

Thanks for some clarification, I had read everything in the laws on this and I am sure that it shouldn't be an issue since it wasn't any of the things they list as disqualifier's.
Its just that the way the question reads

( Have you ever been convicted of, or pleaded guilty to, a misdemeanor offense of violence, charge of domestic violence, or a similar offense, in this or any other state)
It almost seems as they are asking about domestic violence and I don't want to say yes if that's what they are asking. So the question : Answer yes or no
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JustaShooter
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Re: Sec 3 question 8

Post by JustaShooter »

Buddman wrote:Thanks for some clarification, I had read everything in the laws on this and I am sure that it shouldn't be an issue since it wasn't any of the things they list as disqualifier's.
Its just that the way the question reads

( Have you ever been convicted of, or pleaded guilty to, a misdemeanor offense of violence, charge of domestic violence, or a similar offense, in this or any other state)
It almost seems as they are asking about domestic violence and I don't want to say yes if that's what they are asking. So the question : Answer yes or no
I think the question requires a "Yes" answer - but here's what I'd do: Get copies of your case disposition paperwork and bring them to the appointment. Leave that question unanswered, ask the clerk how they want you to answer it based on your situation, and offer the paperwork.
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