Charleston, SC asked in Criminal Law for South Carolina

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

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1 Lawyer Answer
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
  • Criminal Law Lawyer
  • Columbia, SC
  • Licensed in South Carolina

A: 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.

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