What SB184 means to you: Part VIII – Sealed and expunged records
By Jim Irvine
SB184 is 75 pages. It will go into effect on September 09, 2008. This is part of a series of articles looking at specific sections of the bill and how it will affect you. Keep in mind that I am not an attorney and this does not constitute legal advice. Concealed carry license holders are required to read the Attorney General guide. I highly recommend “The Ohio Guide to Firearms Laws” by Ken Hanson, Esq. (NOW AVAILABLE: Update for SB184).
Since the CCW law went into effect, we have received many complaints from individuals who pled guilty to a minor infraction years ago, and subsequently had the conviction of that infraction sealed or expunged, thus restoring all their rights. Unfortunately, when they applied for a CHL, that “sealed” record shows up on the background check and they were denied a license. These are generally good people. Many of them had not had so much as a traffic ticket in 20 or 30 years. The question was always, “What can I do?”
Even though a judge had looked at their specific case, and the police/prosecutor were given the opportunity to weigh in on the restoration of rights, and a court had found that there was no reason for concern, and ordered their record cleared, the local sheriff did not have the authority to issue a license.
This problem has been fixed.
Question 3 on the CHL has been modified as follows:
(3) I have never been convicted of or pleaded guilty to a crime of violence in the state of Ohio or elsewhere (if you have been convicted of or pleaded guilty to such a crime, but the records of that conviction or guilty plea have been sealed or expunged by court order or a court has granted 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 or guilty plea, you may treat the conviction or guilty plea for purposes of this paragraph as if it never had occurred). I am of sound mind. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that if I knowingly make any false statements herein I am subject to penalties prescribed by law. I authorize the sheriff or the sheriff's designee to inspect only those records or documents relevant to information required for this application.
Other pertinent sections of the ORC and the CHL application have been updated to reflect this change.
This does not allow convicted felons, career criminals, drug dealers, etcetera to qualify for a CHL. It simply clarifies that someone who has had all their rights restored by a court order, actually has all their rights restored.
- DOWNLOAD THE ACT
- SB184 Analysis: Significant practical improvements for ALL Ohioans
- What SB184 means to you: Part I – Castle Doctrine
- What SB184 means to you: Part II – Seizure and Return of Firearm
- What SB184 means to you: Part III – Official Stops
- What SB184 means to you: Part IV – Transportation of Unloaded Firearms
- What SB184 means to you: Part V – School Safety Zones
- What SB184 means to you: Part VI - Government building victim zones
- What SB184 means to you: Part VII – “Class D” victim zones
- What SB184 means to you: Part VIII – Sealed and expunged records