I have a felony 5 for bad checks
Under Ohio law, a person convicted of any felony offense of violence or any offense involving the illegal possession, use, sale, administration, distribution, or trafficking of any drug of abuse is prohibited from knowingly acquiring, having, carrying, or using any firearm or dangerous ordnance. See Ohio Revised Code ' 2923.13(A)(2), (3). Similarly, under federal law, a person convicted in any court of a crime punishable by imprisonment for a term longer than one year is prohibited from knowingly acquiring, having, carrying, or using any firearm or ammunition. See 18 U.S.C. ' 921(g)(1). Federal law also prohibits firearm possession by persons convicted in any court of a misdemeanor crime of domestic violence. See 18 U.S.C. ' 922(g)(9).
Ohio Revised Code section 2923.14 provides that anyone who is prohibited from exercising their firearm rights may apply to the court of common pleas in their county of residence for relief from this prohibition. When determining whether to restore firearm rights the court evaluates your case to determine if you have been law-abiding since your discharge or release and if it appears you will continue to remain law-abiding. In your application you must present facts that show you are fit for relief (to gain your gun rights back). You also must be fully discharged from any sort of post-release control, such as parole or any other community supervision in order to be eligible.
Each county in Ohio differs on the time it takes to process your application, but you can expect it to take approximately 5 to 6 months. Since the courts adjudicate each case as they are received, the earlier you sign up with us for this service, the earlier your rights will be restored.
It is important to remember that every case is distinctive. If more time has passed since your conviction and you can point to more positives in your life, it is more likely that your case will be successful.
The best thing to do is to retain an attorney who can file for expungement for you. Depending on your exact case your rights may already be restored.
The responses of Attorney Chris Bect to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Bect is available for private hire and consultation for a fee. Only after Attorney Bect is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely amited amount of information provided by the questioner
I agree with Mr. Beck. Hire an attorney to assist you in sealing your conviction. Then work through any remaining issues related to restoring your 2nd Amendment rights.
The response of Attorney Thomas Kidd to your question DOES NOT result in an attorney-client relationship. While Attorney Kidd may be available for private hire and consultation for a fee, it is only after Attorney Kidd is retained as counsel that he shall be legally deemed to be your Attorney. Until then, Attorney Kidd is not your attorney, and the statements he makes do not constitute legal advice. Any statements made by Attorney Kidd are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This disclaimer is in addition to any disclaimers that this website has made. Attorney Thomas Kidd is only licensed in Ohio.
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