My question involves criminal law for the state of: Ohio
In 2001 I was charged with 2 Felony 4 (they are Felony 5 but if 2 or more then they change to F4). Never been in any trouble besides 1 speeding ticket.
I took a plea to drop count 2 and plea to Count 1 as a Felony 5.
The felony 5 carries up to 12 months - F4 upto 18 months.
When I took the deal my lawyer advised me that on a F5 they usally don't give any time in jail and 2 - 3 years probation. Prosecutor wasn't going to ask for any time.
The judge gave me 6 months jail and 5 years probation. My lawyer was shocked and said we could appeal but I couldn't affoard to appeal so we filed a motion to modify sentence which was declined.
Fast forward to today. I went to buy a gun-as according to Ohio Law and US law I'm allowed to and was denied because I had a felony 4 - jail time over 12 months.
I went home and obtained the documents from my case from the clerk of court and looked at my plea paper that I signed and sure enough it says F5-signed by me, my lawyer and prosecutor. I looked at my sentencing paper from the judge and he had on his paper Felony 4 - he "convicted" me of a felony 4 and sentenced me to such even though the prosecutor was only charging me for the felony 5. The other charge was dimissed as was part of the plea.
I'm going to call around to lawyers tomorrow (started last week). I'm just wordering what you think will happen and what options I have. I'm not sure I'm able to apeal this as it was 8-9 years ago but I had no way of knowing until now.
This really violates my civil rights as of now not leagly able to own a gun and I was sentenced to a higher felony then what I was charged/plead too.

