Q: How do I get a cdv misdemeanor 1st degree charge in Ohio sealed or expunged
It was in 2002 and I’ve never had a similar charge, I’d like my second amendment rights back
Unfortunately you can’t, absent a full pardon by the Governor of the State of Ohio; sealing or expunging the arrest does not vacate or remove the underlying conviction, which is entered into the National Criminal Information Center (NCIC), the computerized index used to screen for firearms background checks.
Under The Domestic Violence Offender Gun Ban, often called the "Lautenberg Amendment" the Omnibus Consolidated Appropriations Act of 1997, misdemeanor CDV convictions ban access to firearms by people convicted of any crime of domestic violence. So long as the conviction remains, the person is prevented from owning, possessing, handling, transporting, or purchasing a firearm or ammunition.
As such, the only way to gain a full restoration of your rights is to apply for, and have the Governor grant, a full pardon to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.