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Any hope for receiving my CCW with a drug use while in the Military?
Anonymous8 views3 answers
I applied for my CCW in Ohio a couple months ago and was denied based on a conviction for wrongful possession / use of cocaine while in the Army. I received an Article 15 Non Judicial Punishment as a result of this in 2003. I was told that this NJP is not considered a conviction. However the Sheriff's office says it is. I appealed and was still denied. I have nothing else on my record and my research tells me I have no way of getting this removed from my background. Do I have any other options at this point. Thank you for any help you may provide.
An NJP is not a conviction, but the sheriff has likely been given some latitude to wield authority and deny you the permit based on your record. Law enforcement data bases may be reflecting the incident in 2003. The Freedom of Information Act may be helpful in allowing you to gain more insight into your record. You may also petition to correct your military record or seek and upgrade to your past service characterization. You'll need to be able to articulate why the characterization is no longer warranted and how it is unfairly burdening you after 11 years. A CCW denial alone will not likely be persuasive. Good luck.
If you appealed it to common pleas court, I would appeal that to the court of appeals. You would want to file that appeal within 30 days of the common pleas denial though.
Consult with an experienced appellate/criminal attorney immediately.
