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6/21/2017 8:25:40 PM
Posted: 5/7/2001 6:49:53 PM EDT
Is it possible to pass the background check if as a juvenille i was arrested for making/detonation of an explosive device (it was the size of an M80 and made of plastic (but i got reamed none the less).. If I get my record sealed (working on it now) or expunged would i still be turned down? Any way to find out besides paying $200 background fee? ANy answers or referrals would greatly be appreciated. I know this is a difficult question but no one seems to be able to answer it.. thanks
Link Posted: 5/7/2001 8:33:44 PM EDT
You could write and ask, I guess. If you do send in your $200, you get it back if you're denied.
Link Posted: 5/7/2001 8:37:20 PM EDT
[Last Edit: 5/7/2001 8:36:45 PM EDT by M4Guy]
If you weren't charged with felony possession or blowing up sh!t or whatever, you will be fine. Only thing the NICS checks for is felony convictions, not petty stuff. You can have speeding tickets, DWI's, shoplifting, and lots of small charges on your record, but if you were convicted of a felony you can't own/buy/possess guns legally. I don't know to be honest but I don't think Juvy makes a difference on felony's, but I've been wrong before.
Link Posted: 5/7/2001 9:22:00 PM EDT
Interesting name choice.
Link Posted: 5/8/2001 11:46:52 AM EDT
[Last Edit: 5/8/2001 11:51:53 AM EDT by madman_kirk]
this is a good question for steve in va. to answer.my under-standing is that once your record is expunged,you no longer are a convicted felon , don't have to answer yes when asked if you have ever been convicted of a felony .i know people who had all kinds of felony convictions in their late teens and early twenties who then went on to lead honest lives and had their records expunged.they have no problem passing the nic's check.but the NFA backgroung check is a whole different ballgame.i don't know if they could pass that.mmk
Link Posted: 5/8/2001 12:52:32 PM EDT
The purpose of an expungement is to wipe somone's record clean. Once an order of expungement is entered and disseminated to reporing agencies, the person can honestly say, in all circumstances, that he was never arrested nor charged with the crime. The criteria for who is eiligible varies from state to state. In VA, you are eligible if the charge was dismissed and you are an "innocent person". This latter requirement simply means you did not win on a technicality- gets rather gray when you actually have a hearing. In my area, if the prosecutor objects, they usually run in to difficulty in proving their case (not an "innocent person") since they have to track down old witnesses who are probably relocated. BTW, no double jeopardy problem- different case (civil, not criminal) with a different burden (preponderance not beyond reasonable doubt). Expungement of a convicted person does not exist in VA (although it does in other states); in VA you must get a pardon to wipe away a conviction.
Link Posted: 5/11/2001 2:46:08 PM EDT
Link Posted: 5/11/2001 3:06:07 PM EDT
Link Posted: 5/14/2001 6:09:43 PM EDT
Do you own any Pistols that were bought through a regular dealer? Its been said before, if you can buy a pistol you can pass the NFA checks... BISHOP
Link Posted: 5/15/2001 8:31:21 AM EDT
Expunged and sealed are NOT the same. Sealed records are opened for certain background investigations, including weapons permit applications. Expunged means the person has been pardoned, etc, and the crime is officially wiped from their criminal history.
Link Posted: 5/15/2001 9:28:09 AM EDT
Originally Posted By BISHOP: Do you own any Pistols that were bought through a regular dealer? Its been said before, if you can buy a pistol you can pass the NFA checks... BISHOP
View Quote
All pistols bought by private sales some from LEO's. Don't think I would pass dealer check. Student lawyer working on sealing record, is it worth my time to hire a real lawyer to have record expunged or is this charge something I am stuck with? Never been in trouble since,could I appeal to the governer? Really pisses me off something so stupid got me in so much trouble and still haunts me.
Link Posted: 5/15/2001 9:30:12 AM EDT
Originally Posted By tcsd1236: Expunged and sealed are NOT the same. Sealed records are opened for certain background investigations, including weapons permit applications. Expunged means the person has been pardoned, etc, and the crime is officially wiped from their criminal history.
View Quote
This is true. Anyone have any suggestions? Sealed means the public can't see it. And yes The public can now see juvernille records after I believe '94 or '96
Link Posted: 5/16/2001 6:41:18 PM EDT
whome, are you sure about the juvy records? I was under the assumption that was dependent upon the state, and Florida sealed the records unless it was a felony conviction or worse.
Link Posted: 5/18/2001 3:05:31 AM EDT
From personal experience; A person who received a five-year probation + fines for burglary of a building in 1980, in Texas, was issued a letter from the BATF stating that he had full right to own firearms. This was after he had his indictment dismissed following successful completion of two years of probation. This person also had to apply for his right to own firearms to be reinstated. I have seen each legal document and letter. The BATF letter refers to 18 U.S.C. section 925(c). This only applies to Federal law, not individual states. I hope this helps you somehow.
Link Posted: 5/19/2001 6:49:03 AM EDT
It has been five years since my last "update to my record" How do I go about reinstating my rights to own a gun? If i have my record sealed I believe I will still be denied to own a gun, unless I have it expunged.
Link Posted: 5/20/2001 5:44:30 AM EDT
When you say "made of plastic", is that as in plastic explosive?
Link Posted: 5/20/2001 10:52:20 AM EDT
Originally Posted By stator: When you say "made of plastic", is that as in plastic explosive?
View Quote
No... sorry to get you excited. it was a 3/4'' PVC about 2" long with black powder. Made a lot of noise... didn't do any damage. got me in A Lot of trouble..
Link Posted: 5/21/2001 11:20:02 AM EDT
The best way to find the answers to your question is to find the relative sections in your state's law books, and the applicable U.S.C. code for federal law. It can take time to find but it's a bit easier since information like this is on the .gov websites now. If you were represented by an attorney(hired or public defender), go back and have them explain it all to you. Make an appointment with a BATF agent and have him or her show you the codes or find out where to write to obtain hard copies. The person I mentioned wrote to the BATF themselves and submitted the requested paperwork. This was followed by a series of interviews of the individual, and neighbors, and probation officers(maybe others?). Whatever you find out, keep the name and title of the person you speak to(time & date), & request a hard copy(letter, xerox). If you send & receive e-mail messages, make sure you keep a copy of them on disk also.
Link Posted: 5/21/2001 7:06:01 PM EDT
WSmac wrote:"From personal experience; A person who received a five-year probation + fines for burglary of a building in 1980, in Texas, was issued a letter from the BATF stating that he had full right to own firearms. This was after he had his indictment dismissed following successful completion of two years of probation. This person also had to apply for his right to own firearms to be reinstated. I have seen each legal document and letter. The BATF letter refers to 18 U.S.C. section 925(c). This only applies to Federal law, not individual states. I hope this helps you somehow". What you are referring to is a "deferred adjudication", not a probation. In Texas, if you receive a probation, it means that you are found guilty and become a convicted felon, but you do not serve any pen time, your sentence is probated. Even if you successfully complete your probation, the indictment is not dismissed A deferred is different in that you are not found guilty, but are placed on a deferred adjudication after a plea of either guilty or no contest. If you succesfully complete the term of the deferred adjudication, the indictment is dismissed. A technical, but very important difference. Under current Federal law, you may not purchase a firearm if you have had either a felony probation or felony deferred adjudication. (Yes, I am a Texas lawyer, board certified in criminal law)
Link Posted: 6/18/2001 5:51:41 AM EDT
tcsd is right about the expungment. Even anything in an F.B.I. file is destroyed.
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