BCSO1042
Newbie
Owning/Posessing a firearm after Expungement (sealing)
As a Law enforcement official, I can tell you the cut and dry truth about this whole thing.
After your expungement, well lets just start calling it sealing, because in Ohio that's exactly what it is. but after sealing, the County court of common pleas (felony Cases) will order the case sealed. Most of the time the information will be gone off of the website (if your county has one) within 2 business days. the County Clerk of Courts is tasked with sending out a certified copy via certified mail to each of the agencies that had ANYTHING to do with that case. So if you were charged in Butler Co. and they picked you up in Adams Co. on that charge and extradited you back to Butler Co. then the clerk would send a certified copy of the granted sealing to them to seal their record of your arrest and booking etc.etc..now...also in the state of Ohio, and most importantly, the B.C.I. & I gets a certified copy of the sealing and processes it. Common misunderstanding is that the FBI and A.T.F. get one too..this is not so..the FBI and A.T.F. didn't charge you with a federal crime so an actual case doesn't exist in their system so to speak. when the B.C.I. seals their end of it, it's done. When getting a Background check for weapon purchase, the FBI goes through the B.C.I. to check for restrictions for owning weapons. since the B.C.I. sealed it, there's nothing to show them, and assuming there's no other charges that would prohibit
gun purchases, the FBI would clear you to make a purchase. unless you win their lottery for a 3 day hold lol.. I don't care what lawyer says what, this is the process.. The B.C.I. can take up to 4 weeks to process it once the receive it. and other than the Certified Copy you receive, you will get NO confirmation when this is completed.
As far as the CCW and CCL thing goes. Some people look into things wayyyyy too far. None of the Deputies i work with and not one of the dozens of officers from other agencies I've dealt with give two ***** about calling it CCW or CCL or carry conceal as most of us call it. Hell, in the lobby of my Sheriffs office there's a sign with an arrow pointing saying "CCW registration" you are not in anyway associating yourself with the charge of unlawful carry of a concealed weapon.
As far as the sealed record not being able to be used or viewed again or that its like it never happened...yes and no.. The county courts, BCI, FBI and higher agencies can still view it anytime. theres a code system COUNTRY wide that is used when submitting a Background check. when applying for a teaching ,healthcare, childcare, Government, or law enforcement position, these employers use the code or type of background check that sees through a sealed record like a piece of swiss cheese and it is unlawful for the subject to put No on the question if asked about felony convictions. but only in those circumstances. If you catch another felony, the court can and will use the sealed conviction in determining your sentence and so on.. as far as gun purchasing and posessing one, the code or type of search is different and does not reveal sealed convictions. i hope this was helpful.
As a Law enforcement official, I can tell you the cut and dry truth about this whole thing.
After your expungement, well lets just start calling it sealing, because in Ohio that's exactly what it is. but after sealing, the County court of common pleas (felony Cases) will order the case sealed. Most of the time the information will be gone off of the website (if your county has one) within 2 business days. the County Clerk of Courts is tasked with sending out a certified copy via certified mail to each of the agencies that had ANYTHING to do with that case. So if you were charged in Butler Co. and they picked you up in Adams Co. on that charge and extradited you back to Butler Co. then the clerk would send a certified copy of the granted sealing to them to seal their record of your arrest and booking etc.etc..now...also in the state of Ohio, and most importantly, the B.C.I. & I gets a certified copy of the sealing and processes it. Common misunderstanding is that the FBI and A.T.F. get one too..this is not so..the FBI and A.T.F. didn't charge you with a federal crime so an actual case doesn't exist in their system so to speak. when the B.C.I. seals their end of it, it's done. When getting a Background check for weapon purchase, the FBI goes through the B.C.I. to check for restrictions for owning weapons. since the B.C.I. sealed it, there's nothing to show them, and assuming there's no other charges that would prohibit
gun purchases, the FBI would clear you to make a purchase. unless you win their lottery for a 3 day hold lol.. I don't care what lawyer says what, this is the process.. The B.C.I. can take up to 4 weeks to process it once the receive it. and other than the Certified Copy you receive, you will get NO confirmation when this is completed.
As far as the CCW and CCL thing goes. Some people look into things wayyyyy too far. None of the Deputies i work with and not one of the dozens of officers from other agencies I've dealt with give two ***** about calling it CCW or CCL or carry conceal as most of us call it. Hell, in the lobby of my Sheriffs office there's a sign with an arrow pointing saying "CCW registration" you are not in anyway associating yourself with the charge of unlawful carry of a concealed weapon.
As far as the sealed record not being able to be used or viewed again or that its like it never happened...yes and no.. The county courts, BCI, FBI and higher agencies can still view it anytime. theres a code system COUNTRY wide that is used when submitting a Background check. when applying for a teaching ,healthcare, childcare, Government, or law enforcement position, these employers use the code or type of background check that sees through a sealed record like a piece of swiss cheese and it is unlawful for the subject to put No on the question if asked about felony convictions. but only in those circumstances. If you catch another felony, the court can and will use the sealed conviction in determining your sentence and so on.. as far as gun purchasing and posessing one, the code or type of search is different and does not reveal sealed convictions. i hope this was helpful.