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AR15.COM
7/29/2006 8:47:13 AM EDT
just got this little gem in the mail:



department of justice, BATFE

derar sir/madam:
we are currently porcessing your application for a federal firearms license.  as part of the application process, we request a criminal records check from the Federal Bureau of Investigation and National Crime Information Center.

The FBI/NCIC forwarded an arrest record that did not include a final diposition of charges.  We are unable to complete the application process without the final disposition of charges of the below listed incidents:

charges:  deadly conduct disch firearm indiv(s)
date (s) of arrest: 06/11/2004
arresting agency (ies): san patricio co so sinton

The final disposition of charges must be on the letterhead of the court in which your case was adjudicated or on an official record of the court.  Disposition of charges on the ltterhead of the arresting agency is also acceptable.  The documentation should be mailed to ATF, 2600 Century Parkway, Suite 400, Atlanta, Georgia 30345.

Please forward a copy of the final disposition of charges to this office within 30 days of the date of this letter, or your application will be considered abandoned and your fee refunded.  Direct questions regarding this request to Lee Brown.

Sincerely Yours,
Kimberly H. Irwin
Chief, National Licensing Center


this is horseshit.  two years ago i spent $2000 and a night in jail because of SOMEBODY ELSES FUCKUP.  that's right girls, they even ballistics tested my fucking guns that i was firing on my fucking property at fucking targets, certainly not somebodys motherfucking house a mile away.  it was not me.

but i guess that doesn't matter, no charges filed, no nothing but now this.  what the hell does this shit mean?  what did those incompetent fucktards at the sherriffs office fuck up now?  what do i need to do to make this go away?!?!?

oh, and in case anybody was wondering, THIS is why i HATE cops.  yep, that's right girls and boys, the redneck is a cop hater.  well, at least now you know WHY
7/29/2006 9:39:30 AM EDT
[#1]
Any time someone is arrested it goes on their criminal record, regardless of whether the charges were dropped or not.  All you have to do is get a disposition record from the courts stating that the charges were not filed and provide that to the BATFE and they will give you your license.

You can also work on hiring an attorney to have the arrest expunged from your record my dear.  I understand it's a touch of a hassle but you can probably get it removed.
7/29/2006 9:51:10 AM EDT
[#2]
no charges were ever filed at all.  i told my lawyer to expunge my record and he said there wasn't anything on my record to expunge???  guess i'll copy the letter for him and send him on his way somewhere to do something............

i will be talking to him and our FINE sheriff leroy on monday bright and early
7/29/2006 9:54:53 AM EDT
[#3]

Quoted:
no charges were ever filed at all.  i told my lawyer to expunge my record and he said there wasn't anything on my record to expunge???  guess i'll copy the letter for him and send him on his way somewhere to do something............

i will be talking to him and our FINE sheriff leroy on monday bright and early


You were arrested, booked and charged when you were taken down to the lockup dear.  The prosecutor probably decided to not file through the courts, but you were initially charged.. and therefore the arrest shows up on your record.

Speak to your lawyer again and show him the paperwork.  I'm sure you can get it cleared up.  

 Now go try to calm down please.
7/29/2006 11:00:53 AM EDT
[#4]


Good luck with this, TexRdnec.

I'm interested in seeing how this gets sorted out.

7/29/2006 11:18:40 AM EDT
[#5]
I missed your postings. They were usually funny.

Sorry , This is not funny, I hope it gets squared away , in your favor, Quickly.

Take care , and good luck.

You need to do some I hate people / stupid people,  but this one takes the cake.
7/29/2006 11:52:48 AM EDT
[#6]

Quoted:
I missed your postings. They were usually funny.

Sorry , This is not funny, I hope it gets squared away , in your favor, Quickly.

Take care , and good luck.

You need to do some I hate people / stupid people,  but this one takes the cake.


"i hate people: cops" would surely get me banned
7/29/2006 1:18:34 PM EDT
[#7]
So here is the deal from a personal experience perspective .
When you get cuffed , your arrest is sent to the FBI .

Now , all the feds keep on file is that you where arrested .
SOMETIMES the local authorities will send an update to the feds as to the disposition of the file .
Most of the time they do not and when your FBI Filed is pulled and checked for anything you are assumed to be guilty of the arrest no matter what happened .

All you need to do now is go to the court house of record and get two certified copies of the file .

Why two ?
One you need to send to BATFE to get you record squared away with them and get your paper work done .



With the second you should contact the FBI and ask them how they want to receive the information so it can be put into your file for future reference checks .

You might also want to have a third copy on hand for those lovely times when records of disposition disappear while being converted to microfilm and digitized .

Expect about a six month or so wait to get shit squared away .

BUT You are already ahead of the curve because they told you off the bat how to fix it .
7/29/2006 4:16:52 PM EDT
[#8]
Sounds like it wasn't the cops -- some f**k up the courts seems to be at fault.  As an old cop I gotta say, it's just a job.
7/29/2006 5:26:54 PM EDT
[#9]

Quoted:
Sounds like it wasn't the cops -- some f**k up the courts seems to be at fault.  As an old cop I gotta say, it's just a job.

Nope. The police have nothing to do with the filing or dropping of charges once an arrest is made. That is all on the District Attorney.

A criminal history will show all arrests that were sent in to the FBI. I think you only need a certified letter from the District Attorney that no charges were ever filed. Until the feds receive such a letter, for all they know you where charged and convicted. You might be able to contact your district attorney yourself and receive such a clearance letter and if not, have an attorney do it. Your county sheriff probably can't help you because it is not his agency that can clear the record.
7/29/2006 8:14:44 PM EDT
[#10]
I'm sure plenty of cops don't give a shit about your either.  Especially since you like to categorize all of us due to the actions of a few.

We'll try not to lose any sleep over your rant.  

So now that I got the emotional response out like you already have let's be serious.

If you were acquitted or no charges filed than just get court records of the disposition and all should be good.
7/29/2006 9:23:46 PM EDT
[#11]
I can see it now in three to five years. ATF raids TexRdnec Business!


Just joking relax.....

You really should try to control that short temper. Good luck with getting your arrest cleared up. Just send in the paper work they requested and your good to go.
7/29/2006 11:59:42 PM EDT
[#12]

Quoted:
I'm sure plenty of cops don't give a shit about your either.  Especially since you like to categorize all of us due to the actions of a few.

We'll try not to lose any sleep over your rant.  

So now that I got the emotional response out like you already have let's be serious.

If you were acquitted or no charges filed than just get court records of the disposition and all should be good.


pay attention.  i said i relate you yall the same way yall relate to me:  guilty until  proven innocent.

but statistics wise?  yall ain't doing well..............
7/30/2006 12:16:21 AM EDT
[#13]
An important note: While doing all of this over the mail, spend the few extra bucks and send all letters via registered mail.

I've had lots of success this way. Two things happen: You get the mail out of the hands of the newly-hired couch potato don'tgiveaf*ck clerk and into the hands of someone who actually has the authority to get something done, AND you start a paper trail for legal reasons.

The second reason may or may not actually end up with legal action, BUT it warns people at the other end that you do mean business.

Like I say, I have had lots of luck doing this.

Good luck to you. And relax on the cops. They don't even have anything to do with the paperwork goofs you've experienced.
7/30/2006 4:53:36 AM EDT
[#14]

Quoted:
no charges were ever filed at all.  i told my lawyer to expunge my record and he said there wasn't anything on my record to expunge???  guess i'll copy the letter for him and send him on his way somewhere to do something............

i will be talking to him and our FINE sheriff leroy on monday bright and early


Unless your attorney requested copies of your criminal  history files from both the state of Texas and the FBI he/she wouldn't know what records existed concerning this arrest.

If you were arrested and fingerprinted your fingerprints and arrest information would routinely be sent to both the state of Texas and the FBI. Your attorney should have followed up with all agencies that were involved in processing your arrest.


You need to get copies of your criminal history files from both the FBI and Texas. Once you get the files follow the EXACT procedures from both agencies to get your files corrected.


Get a copy of your criminal history file from Texas:

https://records.txdps.state.tx.us/disclaimer.cfm


Get a copy of your criminal history file from the FBI:

www.fbi.gov/hq/cjisd/fprequest.htm