Q: I live in Stark Co, Ohio. In 2016 I was convicted of a felony 5 , drug possession of heroin charge. One other misdemeang
... charge of theft. But no other charges or convictions. In 2022 I had both cases sealed/expunged. Had my gun rights been disabled? Are they now restored? How can I find out?
A: Hello. No, your gun rights are not automatically restored once they have been disabled. You would have to petition the courts to have your rights restored, and must demonstrate to the Court that you meet the requirements to have your rights restored. Please remember that sealing and expungement are 2 different things. You can get something sealed before you can get it expunged. Felonies that are of the 4th and 5th degree may be sealed after one year and Felonies in the 3rd degree would take 3 years after discharge. However, to expunge these offenses takes much longer. It takes 11 years to expunge 4th and 5th degree felonies, and, and for 3rd degree felonies it would take 13 years to apply. It is not likely that your crime was sealed AND expunged at the same time. You will have to fill out another background check and the court and law enforment will have access to items that others won’t. Be mindful of that. I hope this helps you!! If you have questions or need a lawyer, please feel free to call Attorney Linda Malek or Attorney Chris Vogt at 330-703-6467 or 330-819-8018.
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