Does expungement restore gun rights in Ohio?

Does Expungement Restore Gun Rights in Ohio?

In Ohio, expungement is the process of sealing or removing a criminal record from an individual’s criminal history. This process can have a significant impact on an individual’s life, including their ability to possess firearms. But does expungement restore gun rights in Ohio? In this article, we will explore the answer to this question and provide an overview of the process of expungement and its effects on gun rights.

What is Expungement?

Expungement is the legal process of sealing or destroying a criminal record, including arrest records, convictions, and other related documents. This process is typically done through a court order, which is granted after the individual has completed their sentence or probation. Expungement can be granted for various reasons, including:

• Misdemeanors: Certain misdemeanors can be expunged after a certain period of time has passed since the completion of the sentence.
• Felonies: Some felonies can be expunged after a certain period of time has passed since the completion of the sentence, and if certain conditions are met.
• Arrests: Arrest records can be expunged if the charges were dropped or if the individual was found not guilty.

Does Expungement Restore Gun Rights in Ohio?

The short answer is: maybe. Expungement can restore some gun rights, but not all. In Ohio, there are specific laws and regulations regarding the possession of firearms and the restoration of gun rights.

Ohio Revised Code Section 2923.14

Ohio Revised Code Section 2923.14 states that an individual who has been convicted of a felony or misdemeanor involving violence, drug trafficking, or other specified offenses may not possess a firearm for a certain period of time. This period of time varies depending on the specific offense and the individual’s criminal history.

Types of Expungements

There are two types of expungements that can affect gun rights in Ohio:

• Full Expungement: A full expungement removes all records of the criminal offense from the individual’s criminal history. This type of expungement can restore gun rights in some cases.
• Limited Expungement: A limited expungement only removes certain records or information from the individual’s criminal history. This type of expungement may not restore gun rights.

When Does Expungement Restore Gun Rights?

Expungement can restore gun rights in the following cases:

• Misdemeanors: If a misdemeanor is expunged, the individual’s gun rights may be restored after a certain period of time has passed since the completion of the sentence.
• Non-Violent Felonies: If a non-violent felony is expunged, the individual’s gun rights may be restored after a certain period of time has passed since the completion of the sentence.
• Expunged Arrests: If an arrest record is expunged, the individual’s gun rights may be restored.

When Does Expungement Not Restore Gun Rights?

Expungement does not restore gun rights in the following cases:

• Violent Felonies: If a violent felony is expunged, the individual’s gun rights may not be restored.
• Drug Trafficking Offenses: If a drug trafficking offense is expunged, the individual’s gun rights may not be restored.
• Certain Misdemeanors: If a misdemeanor is expunged, the individual’s gun rights may not be restored if the misdemeanor involved violence or was committed with a deadly weapon.

Table: When Expungement Restores Gun Rights in Ohio

Conclusion

In Ohio, expungement can restore some gun rights, but not all. The specific laws and regulations regarding gun rights and expungement are complex and dependent on the type of offense and the individual’s criminal history. It is important for individuals to understand their rights and options when seeking expungement. By understanding the process and its effects on gun rights, individuals can make informed decisions about their legal and criminal history.