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#1 Twista89

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Posted 10 April 2014 - 04:02 AM

Hello guys, I was just wondering what you guys think about my chances of getting my FCCL card. A few years ago I got arrested on some petty weed charges that I already got expunged off my record a few months ago. They were misdemeanor charges and got thrown out actually so I wasn't convicted but I still went and got the arrests expunged. Think I should be alright to apply??

#2 TRJ

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Posted 10 April 2014 - 04:16 AM

Do you currently have a valid foid?

#3 Toolmaker8185

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Posted 10 April 2014 - 05:01 AM

Look at all of the criminal history questions on the application...if You can answer "NO" to all of them then You should be good to go....that is unless someone in Your local law enforcement community doesn't like You.



#4 Twista89

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Posted 10 April 2014 - 05:05 AM

Yea I have my foid card just recently got it as well. The reason I asked is because my friends father was denied his app and he was able to answer no to all the questions. He has a felony from like 30 years ago though so we think that might be the reason but you know the questions ask in the past 5 years. His record happened back in the 70s

#5 lockman

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Posted 10 April 2014 - 05:59 AM

If your arrest was expunged, you should answer "NO". Once expunged, legally, it never happened.

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#6 Dr. Rat

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Posted 10 April 2014 - 06:10 AM

Yea I have my foid card just recently got it as well. The reason I asked is because my friends father was denied his app and he was able to answer no to all the questions. He has a felony from like 30 years ago though so we think that might be the reason but you know the questions ask in the past 5 years. His record happened back in the 70s

 

So he answered "no" to the question "Have you ever been found guilty of a felony"?



#7 bob

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Posted 10 April 2014 - 06:12 AM

If it was actually expunged legally, it is sort of like it never happened. That does not mean that all traces of your arrest disappeared from the face of the earth. 

 

My suggestion is give it a few months (might end up being a year by the time the courts get around to looking at them) and see what happens with the current crop of people who were denied by the review board. 

 

It is also possible that no LE agency objects to you and you sail right through. 

 

It is hard to tell just what criteria the review board is using to make its decisions at this point in time due to the secretive star chamber nature of the tribunal. 


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#8 mrmagloo

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Posted 10 April 2014 - 07:28 AM

Jeez, just do it.  Do the training and submit the app.  All they can say is no?  Then deal with it from there.  Based on your post, I doubt you'll be rejected unless there's anything else.

 

On your Father, I'm don't think we need to discuss the detail of his felony, but Molly has a thread here somewhere for rejected applicants.  Have him join and get in touch with her. She will help and see if there's anything that can be done. At least settle the rejection one way or the other. Tell him not to give up yet.



#9 mic6010

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Posted 10 April 2014 - 07:44 AM

What Lockman said. If you committed a terrorist attack could they find it, yeah they could. Are the IL police and their background check gonna find it, no. Its been expunged and it no longer counts against you or even happened really.


Edited by mic6010, 10 April 2014 - 07:45 AM.

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#10 Twista89

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Posted 10 April 2014 - 08:42 AM

Yea I was going to do it. I was just getting some opinions since I know somebody that got denied. I already have the classes finished I just have to go to range Saturday to get my certificate. I knew expunged meant it never happened but I thought the police could still look at it. I'll also let him know to come check it out to see what he can do. I told him to try and go about getting it sealed so we shall see.

Edited by Twista89, 10 April 2014 - 08:43 AM.


#11 TRJ

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Posted 10 April 2014 - 08:56 AM

Yea I was going to do it. I was just getting some opinions since I know somebody that got denied. I already have the classes finished I just have to go to range Saturday to get my certificate. I knew expunged meant it never happened but I thought the police could still look at it. I'll also let him know to come check it out to see what he can do. I told him to try and go about getting it sealed so we shall see.


Did you shoot your qualification target with your instructor already and need to pick up certificate or do you still need to shoot the qualification target?

#12 Twista89

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Posted 10 April 2014 - 09:21 AM

Still need to shoot for qualification I just did the class work Monday and Tuesday

#13 BIGDEESUL

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Posted 10 April 2014 - 09:23 AM

If you weren't convicted don't worry about it. I know people arrested for much worse that have theirs and are carrying right now. As long as the number of arrests in the last few years aren't over the statutory guidelines, you're good.

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#14 TRJ

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Posted 10 April 2014 - 09:35 AM

Still need to shoot for qualification I just did the class work Monday and Tuesday


Good deal... I was concerned for you for a second because one of the revoked instructor guys was reported to be slow issuing certificates because he "forgot" them on class day. Best of luck to you getting this all squared away.

#15 Drylok

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Posted 10 April 2014 - 10:59 AM

Ive always wondered what would happen if someone answere the med majuana question on the app, in the affirmative
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks"
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#16 skinnyb82

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Posted 10 April 2014 - 11:12 AM

Hello guys, I was just wondering what you guys think about my chances of getting my FCCL card. A few years ago I got arrested on some petty weed charges that I already got expunged off my record a few months ago. They were misdemeanor charges and got thrown out actually so I wasn't convicted but I still went and got the arrests expunged. Think I should be alright to apply??


If it's truly expunged not even the police can see it. Class A misdemeanors or municipal ordinance citations? If you were printed then the FBI tossed your prints into its black hole database from which nothing can escape. Interpol also has the prints. They never purge the prints even if your arrest/whatever was expunged. If you weren't printed then, eh I dunno. Upon thr Circuit Judge entering the expungement order, all law enforcement agencies which have records of the arrest(s) and what have you, local cops and ISP, will receive the order of expungement and must destroy or return all case-related items to you. The Circuit Clerk may retain case documentation but it will be under seal and unsealing will require a court order.

What was the disposition? Stricken without leave to refile (SOL), an outright dismissal based on merits or lack thereof, a finding of no probable cause (FNPC), nolle prosequi (NP)....? That would be helpful. If the ISP starts using expunged records to deny people, my magic crystal ball tells me that it's cause of action for a civil suit since the ISP is statutorily barred from returning a "hit" on a background. Certain exceptions apply (teachers, etc) but generally, no.

Take a look at the Illinois Criminal Identification Act, specifically 20 ILCS 2630/5.2 which addresses expungement and sealing.

From subsection (a)(1)(E):

"Expunge" means to physically destroy the records or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both. Nothing in this Act shall require the physical destruction of the circuit court file, but such records relating to arrests or charges, or both, ordered expunged shall be impounded as required by subsections (d)(9)(A)(ii) and (d)(9)(B)(ii).

Sounds like your expungement(s) would fall under (B)(2)(A) if the dispo was any of the stated reasons above (outright dismissal, finding of not guilty, etc.) so I believe that subsection (d)(9)(A) applies (see below):

"(A) Upon entry of an order to expunge records pursuant to (B)(2)(A) or (B)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency, the Department, and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order; and
(iii) in response to an inquiry for expunged records, the court, the Department, or the agency receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed."

Basically, if you go through a state background, no arrest will appear, nothing will appear. The response to any inquiry directed to the Court or law enforcement will be a negative response (which is positive), as though it never happened. I would go to the courthouse and get a copy of the case disposition just to make sure or, if you're a records freak like me, you should have a copy of the final disposition. I ALWAYS advise people to be 100% sure about something, don't risk being denied because of some technicality in expunging your sheet which allows the ISP to screw with you. I will say that expunging the arrests was the best move you could make. It means the ISP didn't care enough to actually object to the petition nor did the SA. So why would they care, all of the sudden? If you never lost your FOID as a result then that only helps your case. I have a buddy from college who never really got his act together until his late 20s. He had several pot arrests and citations in multiple counties, all of which he expunged. Now he's got his act together, ISP issued him a FOID no questions asked.

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#17 Twista89

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Posted 10 April 2014 - 01:05 PM

I have to go back and look at it but I remember it said there was no objections to my petition and everything would be expunged off my record and then I got the paper two months later that said that it had been taken care of and everything was gone. So I shouldn't have any issues I just recently got my foid card after I filed my petition so hopefully since I had no problems getting that I won't have any with getting my license. Thanks for the info that really cleared up my questions. Can't wait for Saturday to hurry up and get here so we can move to the next step.

#18 GTStang08

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Posted 10 April 2014 - 01:50 PM

Call the FBI in Joliet, make sure they don't see anything.

I had things expunged, got my denial letter. I started making calls, the state said I was clean, when they looked at the FBI they said ohhh here's a problem. It took couple days I called back and it was clear.
I am still in the process with all this denial stuff

#19 skinnyb82

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Posted 10 April 2014 - 01:54 PM

Yeah I encourage checking with the FBI prior to applying. It's easier to fix the FBI screw up than it is to juggle a denial and FBI screw up or them having records that they shouldn't. It's one thing to have prints in the system, it's another for the FBI to show that you committed a criminal offense, even though it's been expunged. Sent from my SCH-I545 using Tapatalk 2
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#20 Chicago Guy 77

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Posted 10 April 2014 - 04:46 PM

If you have received all the letter back that you mailed out for your expungement, your fine!!! If u don't have them all back I wouldn't apply. I know it takes 6-8 months.