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Post subject: Appealling CCW Denial - Franklin County, Ohio
Post Posted: Sun Jan 17, 2016 2:16 pm
I recently went and applied for my concealed carry permit in Franklin County and received a denial letter the other day, stating I had a conviction of a felony possession of controlled substance. About 10 years ago I was arrested and charged with possession in Illinois, and the final disposition was Withhold Judgment with a condition of probation. This means that judgment was withheld until I met the condition, and once I did the case was dismissed. There was never a conviction for this on my record. I contacted the county this happened in to see how I could get them to correct the information, but was told that at no time would they have reported it as a conviction to any agencies, so there is nothing on their end to correct.

I plan to appeal this, as well as utilize the BCI&I challenge and review procedures in order to get the conviction off of my record. Does anyone have any tips on pursuing this process in order to be successful?

I cannot find any information about how to actually file the appeal, so I will call the Franklin County common pleas court tomorrow and find out what I actually need to do. I have no idea if it will be as simple as just writing a letter and turning in some backup documents, or if it will be a drawn out and formal procedure requiring court visits and the like. Has anyone been through this that can share any experience on what to expect?

I was considering getting a lawyer, so that's something else I will start looking into tomorrow. I have no idea how much something like this would cost to hire an attorney for. If it's a few hundred I could make it work, but if we are talking thousands then there's just no way to go that route. Does anyone have any recommendations on lawyers in the area that might be able to help me at a reasonable rate?

Thank you in advance for any insight in this matter!
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Joined: Sat Jan 16, 2016 7:37 pm
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Location: Columbus, OH
Post subject: Re: Appealling CCW Denial - Franklin County, Ohio
Post Posted: Sun Jan 17, 2016 9:20 pm
Same advice I gave at OFCC'S forums: Talk to the Franklin County Clerk of Courts office.

"I have decided not to vote, speak in public, assemble in groups or petition my government either directly or by writing to the newspapers.

Some ignorant person may become alarmed, and we can't have that.''

--CAR15A2, 3/31/09
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Joined: Thu Jan 01, 2009 9:07 pm
Posts: 1890
Location: SW Ohio
Post subject: Re: Appealling CCW Denial - Franklin County, Ohio
Post Posted: Sun Jan 17, 2016 9:40 pm
Brian D. wrote:
Same advice I gave at OFCC'S forums: Talk to the Franklin County Clerk of Courts office.


Thank you. I plan on contacting them first thing tomorrow. I'm still interested in hearing other's experiences and especially recommendations for lawyers that may specialize in this area.
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Joined: Sat Jan 16, 2016 7:37 pm
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Location: Columbus, OH
Post subject: Re: Appealling CCW Denial - Franklin County, Ohio
Post Posted: Mon Jan 18, 2016 7:41 pm
Quote:
2923.127 Challenging denial of license.

(A) If a sheriff denies an application for a concealed handgun license under section 2923.125 of the Revised Code, denies the renewal of a concealed handgun license under that section, or denies an application for a concealed handgun license on a temporary emergency basis under section 2923.1213 of the Revised Code as a result of the criminal records check conducted pursuant to section 311.41 of the Revised Code and if the applicant believes the denial was based on incorrect information reported by the source the sheriff used in conducting the criminal records check, the applicant may challenge the criminal records check results using whichever of the following is applicable:

(1) If the bureau of criminal identification and investigation performed the criminal records check, by using the bureau's existing challenge and review procedures;

(2) If division (A)(1) of this section does not apply, by using the existing challenge and review procedure of the sheriff who denied the application or, if the sheriff does not have a challenge and review procedure, by using the challenge and review procedure prescribed by the bureau of criminal identification and investigation pursuant to division (B) of this section.

[b] The bureau of criminal identification and investigation shall prescribe a challenge and review procedure for applicants to use to challenge criminal records checks under division (A)(2) of this section in counties in which the sheriff with whom an application of a type described in division (A) of this section was filed or submitted does not have an existing challenge and review procedure.
Last edited by color of law on Mon Jan 18, 2016 7:49 pm, edited 1 time in total.
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Joined: Tue Jun 16, 2009 10:45 am
Posts: 2641
Location: Too close to Cincinnati
Post subject: Re: Appealling CCW Denial - Franklin County, Ohio
Post Posted: Mon Jan 18, 2016 7:48 pm
AG handbook

http://www.ohioattorneygeneral.gov/Law- ... -%28PDF%29
Quote:
License Denials and Appeals
If the sheriff denies your license, he must inform you of the grounds
for denial in writing. If the denial was the result of a
criminal records
check and you wish to appeal the decision, you may appeal the
denial through an in-house procedure with the sheriff or through
the Ohio Bureau of Criminal Identification and Investigation (BCI) to
resolve the problem. The sheriff’s denial of a
temporary emergency
license also must be in writing and can be appealed.

Statutory Reference(s): If your application is denied, the sheriff must inform you of the
grounds for denial in writing under ORC 2923.125(D)(2)(b).
ORC 2923.127 requires sheriffs to set up an appeals process for applicants who wish to
contest the denial.
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Joined: Tue Jun 16, 2009 10:45 am
Posts: 2641
Location: Too close to Cincinnati
Post subject: Re: Appealling CCW Denial - Franklin County, Ohio
Post Posted: Mon Jan 18, 2016 7:50 pm
Go straight to the sheriff and get the appeal process. You don't need an attorney at this point. Get the paperwork first.
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Location: Too close to Cincinnati
Post subject: Re: Appealling CCW Denial - Franklin County, Ohio
Post Posted: Tue Jan 19, 2016 7:15 am
One thought, it's possible and not totally improbable that this is a case of mistaken identity.
I have a fairly unique first and last name combination and even with the middle initial added there are several people in the US alone with the same name (including same spelling). And several more in the UK.

I was actually stationed on a submarine with a sailor in the Gold crew (I was in the Blue crew) with the same first name, middle initial, last name, and rating (job title) as me. I attribute this to someone with a sick sense of humor in the Navy personnel deployment office for submarine sailors.

AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
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Location: Was Stow, OH now Charlottesville, VA
Post subject: Re: Appealling CCW Denial - Franklin County, Ohio
Post Posted: Tue Jan 19, 2016 12:04 pm
Start the appeal process, but in the mean time as it sounds like you got court supervision, that is expugnable if you have no other convictions.
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Joined: Thu Sep 20, 2012 3:52 pm
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Post subject: Re: Appealling CCW Denial - Franklin County, Ohio
Post Posted: Wed Jan 20, 2016 4:15 am
Alan:

IMHO, somebody probably figured that you were getting in trouble enough for two and.... :D

starride:

Welcome Aboard!

There's a sticky at http://forums.buckeyefirearms.org/viewtopic.php?f=6&t=10097 you ought to have a look at, but it's not mandatory. Might be sleep inducing, too....

About the OP, IMHO, that's probably easy to seal, if not simply "gone" already, but the different states issue likely is clouding things. Probably the other state never bothered to tell the "system" that the conviction had been "worked off"....

We don't "expunge" in OH anymore (most of the time). It's mostly "seal". This means that Law Enforcement can see the records, but practically nobody else. Unsealed, though, and you might as well wear a sign.

Regards,

Stu

(Why write a quick note when you can write a novel?)

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