MCDV expungement, gun rights

[venturac]

Hi -
I started dating a woman in 2020. She had her own place but would occasionally spend the night on the weekends. One evening at my house we were drinking. We got into an arguement and she tried to leave and I stopped her and pushed her back in the house. A neighbor saw all this and called the police. I got charged with domestic violence. I pleaded guilty to assault which I know is still a MCDV. This woman is now my wife.
I had a five year restraining order from a previous girlfriend. My and my attorney decied to do this to make a case go away. That was up in 2023. I went to a family member who had an FFL and my guns to get them back. He ran me through NICS and it came back delayed. If he didn't get a response in three days he was allowed to transfer to me, which he did.
I used to have an FFL and had to give it up upon renewal as I had that TPO as I mentioned. Well my dumb ass put in an application to become an FFL again. They did a deep dive into my background and told me that I was a prohibited person. I was in shock saying that I was charge with assault, not DV. The ATF agent said that it stemmed from a DV and even though it's an assault it's stilla MCDV. This put into action two ATF agent to contact my FFL who did the transfer to say that it was a prohibited transaction and they gave me a call and visit to my house. They had me sign something saying that I wouldn't try to buy a gun again. The agents told me that if I got is sealed or expunged would be the only way. He also said when I get it sealed or expunged, don't go try and buy a gun right away. Apply for a UPIN.
Fast forward to 2024, my wife and I went before the judge and after completing all my requiremetns and probation succesfully. The prosectuion objected to the expungement but the judge saw it differently. The judge granted me an expungement erasing it from all the agencies. I did an idenity history summary with the FBI, the charge did not show up on the report. My understanding is that I am legal to own and possess a firearm now. It's my understanding reading Federal law states that the only way around the Laudenberg amendment is to have an expungement, pardon, or have it set aside. When I go to purchase a firearm, I can truly answer NO, I have not been convicted. Am I correct in this or do I need to pursue this legally? I contaced a attorney who specializes in gun rights and laws. He said the only way was an expungment or to have to conviction set aside. I called him when I got it expunged and he told me congratultion, I'm legal now.
I went to apply for a CCW in my state even though I don't need one to carry as my state has constitutional carry. I was denied a CCW permit citing a NICS denial (the one from my FFL) and that they would not issuue me a permit. I even set them a copy of my expungement to eliminate any confusion. The still denied me stating a NICD indices denial. I believe that when I applied for the CCW the MCDV (assualt) was still showing in my background. I did an identity history summary check with the FBI in August (my expungement was in April) and it was gone from the FBI rap sheet. I'm confident I would pass a NICS check however NICS uses NCIC, III, and NICS Indices). An expungement deltetes from the NCIC and interstate identitification index. An FBI identity history summary check uses NCIC and III and it's gone. I don't want to apply for a UPIN becuase I was told not to by the same gun attorney. A standard NICS approval is purged within 30 days as by law. With a UPIN, they keep all the records.
This is from the ATF website ( https://www.atf.gov/firearms/qa/indi...0not%20ship%2C )
Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence?
No, as long as the pardon, expungement or restoration does not expressly provide that the person may not ship, transport, possess or receive firearms. A restoration of civil rights, however, is only effective to remove the federal firearms disability if the law of the jurisdiction provides for the loss of civil rights for a conviction of such a misdemeanor.

Can someone please weight in here and tell me am I legal and my next course of action? I have my guns back and I carry everywhere. If stopped by police and they run me, they will not see my expungement as it's been erased. This is the language of the expungement:
This matter is before the Court upon the application to expunge the record of the above-captioned case pursuant to R.C. 2953.32. Upon consideration of the application, the evidence, the files of the Court, the factors set forth in R.C. 2953.32(0)(1 ), and any arguments of the pa1iies, the Court hereby finds (I) the applicant's conviction is an eligible offense under R.C. 2953.32, (2) there are no criminal proceedings pending against the defendant; and (3) the interests of the defendant in having the records pertaining to the case expunged outweigh any legitimate governmental needs to maintain such records.
Therefore, this Court hereby orders that all official records pertaining to this case shall be expunged and that, the proceedings in this case are deemed to not have occurred and all index referenced be deleted.
It is further ordered pursuant to R.C. 2953.32 and 2953.34 that copies of this Entry shall be served by
the Clerk of Courts on the following (when possible, the Clerk is permitted to serve copies electronically):
1. The law enforcement official in charge of the agency or organization that caused the applicant's arrest
2. The prosecuting agency that prosecuted the charge
3. The Adult Probation Department of this Court
4. The Bureau of Criminal Investigation in the Office of the Attorney General ofthe State of Ohio
5. The Regional Computer Center (RCC) in Cincinnati, Ohio
6. The Hamilton County Sheriff
7. The Hamilton County Court Reporters' Office
8. The Assignment Commissioner of the Hamilton County Municipal Court
9. The Ohio Bureau of Motor Vehicles
10. The Ohio Department of Rehabilitation and Corrections
It is further ordered that the Clerk and none of the foregoing persons shall inspect, use said records, or permit the investigation of said records, or admit the existence of the records of the proceedings to any person, corporation or legal entity, except as provided in R.C. 2953.32 and 2953.34 as now enacted and hereinafter amended. The Clerk of Courts is fu1iher authorized to issue a copy of this order to any additional law enforcement agency or court entity that may maintain a record of the above captioned case.
I know this is a lot but it's very important to me. Thank you.

[mehavey]

You definitely need to see an attorney -- your attorney.
Do not listen to any kind of Internet guidance.

[dogtown tom]

venturac I pleaded guilty to assault which I know is still a MCDV.
.....I had a five year restraining order from a previous girlfriend. My and my attorney decied to do this to make a case go away.

It never goes away.

That was up in 2023. I went to a family member who had an FFL and my guns to get them back. He ran me through NICS and it came back delayed. If he didn't get a response in three days he was allowed to transfer to me, which he did.

You what?
Question 21.i. Are you subject to a court order, including a Military Protection Order issued by a military judge or magistrate, restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?
and
j. Have you ever been convicted in any court of a misdemeanor crime of domestic violence, or are you or have you ever been a member of
the military and been convicted of a crime that included, as an element, the use of force against a person as identified in the instructions?

Either you lied on those two questions or your family member with an FFL can't follow the most basic instructions on running a NICS check....namely you don't run a check on a buyer/transferee who answered "yes " to either question. Answering "yes" means you are prohibited from acquiring or possessing firearms. If you answered "no"......you violated federal law.

I used to have an FFL and had to give it up upon renewal as I had that TPO as I mentioned.

Having a TPO AND a DV conviction means it should have been revoked immediately.

Well my dumb ass put in an application to become an FFL again. They did a deep dive into my background and told me that I was a prohibited person.

Having held an FFL previously, having supposedly read the instructions written on every Form 4473.....how on Earth did you not know you were a prohibited person?

I was in shock saying that I was charge with assault, not DV. The ATF agent said that it stemmed from a DV and even though it's an assault it's stilla MCDV.

Didn't read the instructions to 21.j. did you? ATF did.

This put into action two ATF agent to contact my FFL who did the transfer to say that it was a prohibited transaction and they gave me a call and visit to my house. They had me sign something saying that I wouldn't try to buy a gun again. The agents told me that if I got is sealed or expunged would be the only way. He also said when I get it sealed or expunged, don't go try and buy a gun right away. Apply for a UPIN.

You are damned lucky you didn't get cuffed and stuffed.

Fast forward to 2024, my wife and I went before the judge and after completing all my requiremetns and probation succesfully. The prosectuion objected to the expungement but the judge saw it differently. The judge granted me an expungement erasing it from all the agencies. I did an idenity history summary with the FBI, the charge did not show up on the report. My understanding is that I am legal to own and possess a firearm now. It's my understanding reading Federal law states that the only way around the Laudenberg amendment is to have an expungement, pardon, or have it set aside. When I go to purchase a firearm, I can truly answer NO, I have not been convicted. Am I correct in this or do I need to pursue this legally?

You should carefully read the instructions to Questions 21.c. - 21.m. Prohibited Persons on the Form 4473.

I contaced a attorney who specializes in gun rights and laws. He said the only way was an expungment or to have to conviction set aside. I called him when I got it expunged and he told me congratultion, I'm legal now.

Then why are you still asking?

Can someone please weight in here and tell me am I legal and my next course of action?

You trust anonymous guys on the internet more than your attorney?

[1972RedNeck]

You trust anonymous guys on the internet more than your attorney?

You ever met an attorney that you trust? If so, I want their phone number...

[Aguila Blanca]

You need to consult an experienced attorney specializing in criminal and firearms law. Even though some members here are attorneys. they are not your attorney, and they don't know all the facts and history of the case.

Did you apply for a UPIN?

Individual legal cases are not appropriate for discussion on this -- or any -- internet forum. I'm going to close this discussion. If someone thinks there's a good reason to reopen it, please contact me or any of the moderators by PM (private message).