convicted felon & buying a gun legally

G

glocknineguy

New member
when i was 14 i was charged with a felony braking and entering and a mistaminor reciving stolen property over some stupid prank i got 1 year probation never served jail time never had any other brushes with the law i know it was stupid i never should have done it now that im old enogh to buy a gun and i need to get my record sealed how do i go about doing this? ive heard of ppl. with 2 felonies getting them sealed or expunged (whatever)and legally able to buy a firearm hire in ohio i just want to make sure of it. i need a gun for home defense thats all i need

pleese help!
 
I am just guessing ... but I would imagine it would involve hiring an attorney and having them file a petition with the court to expunge your criminal record.
 
You need to talk to a gun savvy lawyer in the state of original conviction first. By a complicated statutory track, the feds (and, usually, your state of current residence) wind up deferring to the state of original conviction. Some states automatically restore rights after a period of time, some require a special administrative or court process, and some require expungement or even a pardon. Every state is different. Plan to spend some dough.
 
You must feel lucky the owner of the establishment you broke into wasn't armed and present at the time :p :p

And yes you have to get a lawyer who will charge you an arm and a leg just to fill out a sheet of paper for you.
 
well if they would have been present yes that would have been worse but it was a school (like i said it was a prank and we got caught) but if they would have been armed they would have been as much trouble as we where in ohio its i think a felony to have a firearm in a school building unles you are a cop
 
felony B&E is called burglary where I live..

but if it's in your juvenile record it shouldn't be a problem now that you are an adult..unless you were charged as an adult..I'd do a background check
 
I'm an Attorney

in FLORIDA. I am not licensed to practice law in Ohio or any state other than Florida. So, what I say here should just be considered a pointer, not legal advice upon which you should act. But, based on your age at the time of the offense, you could have been charged as a juvenile. In florida, unless they are charged as adults, juveniles are not actually "convicted" of crimes. Rather, juveniles are adjudicated "delinquent". It's a subtle difference that most juveniles don't understand even when they go through the system. But, in terms of the effect a delinquency adjudication has on your right to own or possess firearms versus the effect a felony conviction has on that right, there's a huge difference in Florida.

My advice: contact a good criminal law attorney licensed to practice law in your state and ask him to look into the charges and advise you as to how the affect your ability to own or possess firearms. Might cost you a few hundred bucks in legal fees, but at least you'll know where you stand rather than guessing and worrying.
 
i still have the papers they served me with at the top it said something abput juvinial delinquent i know i was not charged as an adult i am going to check with an attorney when i have the money. can anyone giveme a rough estamate on how much it could posibly cost? and how do you go about doing a background check? i also just want my record clear so i can just put it all behind me
 
Unless you were charged as an adult (and it doesn't sound like you were) your NCIC record should be clean. Based upon your last post you were adjudicated as a delinquent which starts you off with a clean slate at 18. Contact your local law enforcement agency and see if they have a process to let you run a criminal history check on yourself.
 
You may be able to save some of the atty fees by going to the court in the county you were prosecuted in and requesting a copy of the entire file. Juvenile records are usually not public records, since you are the defendant in the case you should be able to request and receive a copy of the file. Then take this complete copy to a lawyer.

Rather, juveniles are adjudicated "delinquent".
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vitesse9...Would it be safe to say that a juvenile adjudicated delinquent in FL could honestly answer the question "Have you ever been convicted of a felony?" "No"?
 
I agree with above posts. If you were tried as a minor, your record is clear when you turn 18. For breaking into a school after hours, I seriously doubt you would be tried as an adult.
 
You could save the Atty fees by filing the paper with the court yourself. My friend did it. He went to a local paralegal and they fixed him up with the paperwork packet which he filed himself and now has his CCW.

It cost him 25 for the paperwork packet and 130 to file it. I suppose if they denied you for some reason, you could then go get an attorney to see what T you forgot to cross. If you haven't had any violations since you were juvenile, it should be a pc of cake.
 
You may still show up on NCIC even though you were a juvenile. A year or two ago I had a recruit that had as a joke set a trashcan on fire at the school outside the buildings..result a felony charge and a juvenile conviction.
His local background check was clean. In fact the judge had told him he didn't have to list the conviction as it was sealed. Got ready to ship and they ran a federal background check....bingo. Since then the kids record had been clean so I did a waiver memo for him and made him promise to not play any more jokes of this nature. So yeh that juvenile record may be sealed at the local or state level...but could come back to haunt you later. Best to check and make sure.
 
well tomorrow i am going to the court house and doing a background check on my self it only costs a few dollers ill let you guys know
 
Be careful of internet "lawyers."

well tomorrow i am going to the court house and doing a background check on my self it only costs a few dollers ill let you guys know
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I have to interject one more time because I see others have commented on what they think the law is. Once again, I am an attorney in Florida, not Ohio or any other state. So, my only advice is to go to an attorney in your state to get a definitive answer. I honestly have no idea what the law in your state is.

Be careful of internet "lawyers." No offense to any of the well meaning folks here who just want to help, but they could be wrong. And, it's your life, not theirs. For example, in Florida, juvenile delinquency adjudications that would be felonies if you were 18 + or charged as an adult wouldn't bar you from owning or possessing a gun for life, but would prevent you from owning or possessing a gun until you turned 24. So the "once you're 18, you don't have anything to worry about" advice that others are giving you is dead wrong in Florida. My point: only a qualified attorney in your state can tell you the answer. Trying to cut corners and save money may be more trouble than it's worth. Just my two cents.

Good luck.
 
well tomorrow i am going to the court house and doing a background check on my self it only costs a few dollers ill let you guys know
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Firearms issues aside, you really need to find out exactly what your criminal past includes.

- I've filled out a lot of job applications, and each and every one asked about felony convictions. <--note conviction, not charge.
I've known 2 people that either lied or weren't sure about their criminal past on job applications. Both were let go after it was discovered. Both really needed the jobs also.

- As landlords, my wife and I have a strict policy of not renting to anyone with a felony conviction. The Housing and Urban Development - HUD - also screens out anyone with a felony conviction.

I'm not saying this to scare or intimidate you. i'm just pointing out that a felony can blindside you when you least expect it.

Listen to what vitesse9 says.
Get a lawyer and find out for sure.
Despite the current trend towards making even trivial things a felony, felony convictions are serious business. 1 can royally screw you for life.
Any money you have to beg or borrow towards clearing it up is money well spent in the long run.

You have the distinct advantage of having the incident occur when you were 14 and a minor. You probably have many options open via the legal mambo jumbo that only a lawyer can understand.
 
Yes, you probably should consult a lawyer

but that is going to cost money. Personally when I read the first question I thought you were in the clear. the more I read, the more I was sure of it.

On a side note... be advised that a felony conviction as an adult does not automatically keep you from legally owning a gun. Both Fed and State law specifically say this. It depends on the conviction/crime. How do I know this? Well lets say I know a 'friend' who was convicted of a crime when he was 22...(grass in college) 26 years later he decided to apply for a concealed weapons permit and declaired the conviction and sentence on the form... 3 months later he got his permit.

Don't know if the permit is a good or bad thing. It means the government approves of you owning a gun... but it sure makes purchasing one easier.
 
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