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Durkin Tactical Franklin Armory
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Posted: 3/27/2009 1:11:20 PM EDT
I am running into a hassle getting a license from a state agency, I have a felony arrest on my record with no disposition/conviction, heres why.

April 1985 - Offense commited when 17 years old

May 7 1985 - Turn 18

May 23 1985 -  Investigation concludes arrest occurs and I'm proccessed as an adult.

June 1985 - Judge orders case to be held in Juvenile court

August 1985 - Trial concludes  ––––––>  After appropriate time juvenile records are expunged, in the eyes of the law the event never occured, I have checked, there is no juvenile record.

Adult record shows no  criminal convictions but shows arrest on May 23 1985 that, for what ever reason, was not covered in expungement.

I have been investigated by the FBI, investigated to be cleared for working with kids, served on jury's, voted, and have purchased guns my entire adult life.

CHL department has issued me a CHL after the above explanation  but another department is giving  me a hard time over this.

Do I have a case if they ultimately  make a presumtion saying I am a felon even with the lack of a conviction and reject my application?

All opinions welcome but please state if you really are an attorney.
Link Posted: 3/27/2009 1:20:06 PM EDT
[#1]
I'm just a law student (and a first year at that), but have you made this case to them, given them this background?

I would also come with all these other licenses and slap them down too.
Link Posted: 3/27/2009 1:23:27 PM EDT
[#2]
Quoted:
I'm just a law student (and a first year at that), but have you made this case to them, given them this background?

I would also come with all these other licenses and slap them down too.


There ya go...

Free law advice, worth every penny.
Link Posted: 3/27/2009 1:30:45 PM EDT
[#3]
Yeah I've told them all that, when I explained this the the CHL people they said  "Oh, I see, I'll go ahead and clear this and send it on out" got the CHL last Monday.

Now the Private Security Bureau is giving me a hard time about being a commissioned officer (armed guard).
Link Posted: 3/27/2009 1:35:04 PM EDT
[#4]
Your best (cheapest) route is to type up a formal outline of what you laid out, print out several copies, and obtain an equal amount of certified copies of all the court records. Then anytime you have to apply for a license attach that paperwork to the app. Alternately you could hire a TX attorney to handle the bureaucrats for you but that's cheddar you shouldn't need to spend.
Link Posted: 3/27/2009 1:38:32 PM EDT
[#5]
You were an adult when arrested, but a juvenile when the incident occurred?  So you have an arrest as an adult showing up on your record, but no disposition to go with it...so the powers-that-be look at it and want to know what happened.  Try contacting the circuit clerk in the county where the case took place.  Write them a letter saying that you want them to conduct a search of their records to determine whether there is any disposition on file showing that you have a record.  I had to do this with Cook County recently for a client who was trying to get a C&R license; he had an arrest showing up on his record, but no charges were ever filed.  The clerk's office sent a letter back indicating that they had conducted a search of their records and were unable to find any criminal cases involving Mr. Client.  That was enough for BATFE.  As long as the juvie case is well and truly expunged, the clerk's search shouldn't turn up anything and they should be able to get you that letter.
Link Posted: 3/27/2009 1:46:00 PM EDT
[#6]
Well, it's not that difficult to address. Hire an attorney in Texas and let him get the arrest expunged from your record. Here in Louisiana it wouldn't be that hard to do, and would cost about $850. I'm sure Texas has a similar law regarding expunging arrest, but you need to talk with a Texas attorney - most states are different. However, it usually involves filing a formal suit.
Link Posted: 3/27/2009 1:47:47 PM EDT
[#7]
Quoted:
Well, it's not that difficult to address. Hire an attorney in Texas and let him get the arrest expunged from your record. Here in Louisiana it wouldn't be that hard to do, and would cost about $850. I'm sure Texas has a similar law regarding expunging arrest, but you need to talk with a Texas attorney - most states are different.


This.
Link Posted: 3/27/2009 1:49:59 PM EDT
[#8]
Link Posted: 3/27/2009 1:59:39 PM EDT
[#9]
I should have stated this all (1985) happened in California.

I don't have the kind of money it would take to hire an attorney to do this.

I will however, sign a contract giving an attorney here in TX 40% of any money won in a lawsuit.

In my opinion, they are illegaly treating me as a felon when my record shows no felony convictions, no convictions of any kind for that matter.
Link Posted: 3/27/2009 7:48:30 PM EDT
[#10]
Bump for the night crew.
Link Posted: 3/27/2009 7:58:28 PM EDT
[#11]
Quoted:
I should have stated this all (1985) happened in California.

I don't have the kind of money it would take to hire an attorney to do this.

I will however, sign a contract giving an attorney here in TX 40% of any money won in a lawsuit.

In my opinion, they are illegaly treating me as a felon when my record shows no felony convictions, no convictions of any kind for that matter.


Well, you should sue the person to blame for all of this......

Maybe contacting the juvenile court for your record and submitting it to the local LE agency that entered the information into the system. Only the entering agency can remove it. Once an arrest is entered, it is your choice to have it sealed or expunged. It is not automatic. So, if your juvi arrest was really expunged, then you should be able to obtain some documentation.

Link Posted: 3/27/2009 8:08:14 PM EDT
[#12]
YMMV- not legal advice

Some good suggestions so far.  This is what Id do if I were you.

1) contact the clerks office that holds the adult arrest record, get a contact there, and send them the appropriate records/proof and ask them to adjust the records.  Easiest and cheapest way to go, but may take some time and no guaranteed outcome.

2) if 1 doesnt work, file an expungement proceeding to get the record squashed.  If you cant hire a lawyer, try legal aide.  If you dont qualify, research what is needed to handle it pro se (represent yourself).  Many states have put together nice do it yourself instruction packets on how to expunge records, and the court where the record exists may have that and you can follow the instructions.  Many courts also do not require a court appearance as long as no objections to the relief you are requesting is received by the court.

Even if you get the state to issue your license, Id still get that record squashed no reason to have a felony arrest on your record.
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