Many defendants are eager to move on after a criminal conviction. You may have served your time, paid your fines, and are starting the process of getting your criminal record expunged so you can live a normal life. In addition to preventing employers and college administrators from discriminating against you, sealing your record may be the first step toward reinstating your right to own or carry firearms.

Do I Qualify to Have My Gun Rights Reinstated?

Ohio law sets certain limits on gun ownership and concealed weapon permits for convicted felons. For example, anyone who is convicted of certain violent crimes, including Handgun and Ammo With a Judge's Gaveldomestic violence, is permanently prohibited from owning a gun.

If you meet the eligibility requirements for firearms rights restoration, state law allows you to file a petition asking a judge to reinstate them. These petitions must be carefully and delicately completed, containing the details of your condition and your case for reinstatement. If you do not make a compelling argument, the judge may deny your request.

Petitions may be denied for a variety of reasons, including:

  • Errors on the application or court files. All of the information you provide to the court must be accurate to the best of your knowledge. Your attorney should look over your court file, criminal records, and petition to ensure there are no contradictions.
  • Failure to prove you are leading a law-abiding life. You will need to provide evidence of your activities since your release, completion of the terms of your sentence and probation, and that you are likely to continue to be a law-abiding citizen.
  • Objections from interested parties. The law requires the court to hold a public hearing on your petition before your gun rights can be restored. If an alleged victim, family member, government entity, prosecutor, or someone else challenges your petition, your request may be denied.

Are You Looking for a Criminal Defense Lawyer in Cincinnati, OH?

If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation. 

 

Alex Deardorff
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Criminal defense attorney Alex Deardorff is dedicated to serving her clients throughout the Cincinnati area
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