Posted: 6/4/2004 6:02:45 AM EDT
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How far back do they go when looking into past criminal history? Do they count youthful offenses? Here is why I ask... I am currently 28. When I was 13 a friend and I were haning out in a schoolyard smoking and goofing off, and we caught some trash on fire. Someone saw us and called the cops and Fire department and the whole 9 yards. We were both charged with attempted arson, but the lawyer my dad hired pled it down to destruction of personal property. The Juvenile court gave me 1 year probabtion, and they actually lifted it at after 9 months for good behavior. Supposedly, the records are now sealed. When I was 19 I tried to join the Army, and they asked if I had ever been arrested. I said yes, and they asked where and for what. When the Army Recruiter checked with the Sterling Heights Police Department, and found out that I had been CHARGED with arson, he ended the process "Sorry, but the Army can't take you". I was shocked. My test scores were high, and the recruiter was willing to look past a past medical problem, but the arson charge was too much. Since the age of 13, the closest thing I have had to a run in with the law has been a couple of speeding tickets, which I paid ontime. I have legally purchased several firearms, and as far as I know I am squeaky clean. Do you think that they would use my juvenile offense as a reason to disqualify me for a CCW? Like I said, it was a misdemenor conviction (although a felony charge), it was 15 years ago, the records are supposed to be sealed, and I have not had a single run in with the law since. The only reason I am worried is because the "charge" disqualified me from military service. UPDATE - I went to my Father's house over the weekend, and dug through all of his old papers to try and find my court records. When I went through my old court documents, I found a copy of a letter to the judge that I wrote when I recieved my High School diploma. I had forgotten that I wrote this letter. I also found the judge's response, informing me that since I had kept my nose clean, and finished high school he was offically DISMISSING all of the charges in my case. He included the associated court documents. So it turns out that I have NEVER been CONVICTED of ANYTHING! CCW, here I come! |
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You should be alright. I'm not a lawyer or have very much legal knowledge for that matter, but I believer misdemenors only go back 8 years on their background check. Apply, the worst they can say is no. Just keep your mouth shut about it in front of the gun board (if you are still in macomb county) Edited to say, post this in the hometown forum, you may get some more and better answers there. |
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I doubt they go back that far. Plus you were a juvenile. When I was in for my review in front of the board there was another guy that was "other than honorably" (or whatever the terminology is) discharged from the Army ... IIRC they asked him a bunch of questions but gave him his. There is a 3-member board, but the day I was there (April of 03) they weren't turning anybody down without a good reason. It truly was "Shall-Issue". jim |
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Hey Motown, As far as appearing before a board it depends on what county you are in. I live in Allegan county and we do not have to appear before the board. Ottawa county is just a few miles north of me and they do have to appear. As to your past offense I would think that you would be okay but would advise talking to someone who is really in the know. I am not sure what it means that your record is "sealed". It sounds to me like that treats it like an expunged record but again I do not know. I actually have an expunged record. As I understand it, there is still a record of my arrest on file with the State Police but it is also sealed. I can legally answer no to questions asking if I have a record. It obviously works because I am going in to get my CCW renewed this P.M. I would go talk to a lawyer and find out for sure what the deal is. If necessary I would inquire about having it expunged, I believe it is worth every penny. I, like you broke a law and was busted. I deserved to be arrested and have no feelings of anger or hatred towards police officers or the courts over this. I have never had trouble with the law since then and never want to. We grow and hopefully learn. I do not believe you should have to pay for the rest of your life for a minor crime committed in the foolish years of our youth. Good luck, Tuco |
The board isn't a big deal, there is someone from the MI state police, Macomb Prosecuters office, and the Macomb sherrif. They ask you a couple basic questions, give short concise answers, and you are out of there with your permit. It is painless. |
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i wouldn't sweat it. first off you were a juvenile. i'll dig out the old academy books but i think your record should be clear/gone (i believe after 9 years? wich actually might make sense in regards to your recruiting fiasco). juveniles generally aren't "charged" per say unless your being charged as an adault or you got a serious felony. it sounds like the ruling was MDOP (malicious destruction of property). IM me if ya need more info. it sounds like i'm in the same area as you. |
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It states right in the application the disqualifying criteria. IIRC the only thing that could burn you 15 years after the fact was a violent felony conviction. Since yours was a misdemeanor, and a youthful one at that, I doubt you will have any issues. BTW In Washtenaw county, once I took the class, I paid my money and submited my application. Went to the sherifs office for fingerprints. And waited about 6 weeks for a letter to arive in the mail telling me to come in and pick up my CCW card. Except for the $205 for the class and application cost (total cost) it was painless. Kent |
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When you go to the LEO's office for the application packet, the laws are included with the paperwork. I am pretty sure it's 8 years post-felony, and 4-5 years for serious misdemeanors. You should be ok-they aren't looking for your arrest history, only your convictions. Dave |