Jump to content

When to answer "yes" for expunged felonies


Dergle

Recommended Posts

I really hate the way the applications are worded in IL. I have a felony possession of Marijuana from another state that has been expunged. The court documents specifically state that all my rights have been restored, both in the state of the charge and federally.

 

I applied for a FOID. Had to answer "yes" to having been convicted of a felony. Due to my fear of them finding out through NICS and getting a perjury charge. Long story short, they denied, I appealed and have my FOID.

 

I am now interested in applying for a CCL. And I am stuck in the same conundrum, fearing a perjury charge is I answer "no" to having been previously convicted even though my conviction has been expunged. I would really hate to have to answer "yes" be denied for having a "yes" then having to go through the whole appeal process.

 

Is there some way I can submit my application in hard copy and provide an explanation. Or just answer "no" to the question.

 

For the record, I have called the ISP and they have counselled me to just say "no" but yeah still nervous about it.

 

Thanks!

 

 

Link to comment
Share on other sites

I would follow the ISPs advice. From what I understand having something expunged off your record is the same as it never having happened in the legal sense. To anyone looking through your file there is no record of that arrest or conviction. At least not in the type of searches the state would be doing through NICS databases or whatever other systems they are using. I'm also pretty sure you don't have a legal obligation to disclose information about something that has been expunged off your record, even when asked directly. That would of course defeat the purpose of expungement in the first place. None of this is me giving you legal advice however, I'm just telling you how it was told to me.

 

If you decide to answer yes to that question you will undoubtedly be flagged and your application will go to review board purgatory.

Link to comment
Share on other sites

what does your attorney say? seems like adult legal advice is in order

 

 

I've had different lawyers advise different things. I was hoping someone has gone through this or has some sort of experience with it. Anyone know a good CCL lawyer? I've spent hours searching online and spoken with the NRA for counsel in my area but I haven't seen that many options for those experienced with FOID or CCL matters.

Link to comment
Share on other sites

I would follow the ISPs advice. From what I understand having something expunged off your record is the same as it never having happened in the legal sense. To anyone looking through your file there is no record of that arrest or conviction. At least not in the type of searches the state would be doing through NICS databases or whatever other systems they are using. I'm also pretty sure you don't have a legal obligation to disclose information about something that has been expunged off your record, even when asked directly. That would of course defeat the purpose of expungement in the first place. None of this is me giving you legal advice however, I'm just telling you how it was told to me.

 

If you decide to answer yes to that question you will undoubtedly be flagged and your application will go to review board purgatory.

 

Yeah, the question is, even though it was expunged, are there any federal records that it will show up on. I believe wholeheartedly that the records in the state are gone. Not so sure the feds went through the work to remove them. Not sure the state verdict carries weight with federal agencies to actually do the work to remove it. I have my FOID and have purchased a few firearms. So, I'd think I am clear on NICS. Just unsure how much more digging ISP does for a CCL.

Link to comment
Share on other sites

what does your attorney say? seems like adult legal advice is in order

 

 

I've had different lawyers advise different things. I was hoping someone has gone through this or has some sort of experience with it. Anyone know a good CCL lawyer? I've spent hours searching online and spoken with the NRA for counsel in my area but I haven't seen that many options for those experienced with FOID or CCL matters.

There is a thread on attorneys http://illinoiscarry.com/forum/index.php?showtopic=40387

Link to comment
Share on other sites

I’m in the same situation. Was a convicted felon, had it vacated and expunged, have my foid and was thinking about applying for my ccl but don’t want to be flagged because my prints are still in the system. I should just be glad that I received my foid card, something that I thought wasnt possible.

My first purchase, I was so nervous that I felt like I was doing something illegal. Had this thought in the back of my head that I was going to be arrested but everything turned out fine.

Link to comment
Share on other sites

I’m in the same situation. Was a convicted felon, had it vacated and expunged, have my foid and was thinking about applying for my ccl but don’t want to be flagged because my prints are still in the system. I should just be glad that I received my foid card, something that I thought wasnt possible.

My first purchase, I was so nervous that I felt like I was doing something illegal. Had this thought in the back of my head that I was going to be arrested but everything turned out fine.

 

I hear ya. I have purchased a few firearms since getting my FOID. I love shooting. It is one of the most relaxing hobbies. But yeah, was sweating the first few times at the range. I'd figure since I've passed the NICS for purchase a few times that perhaps nothing shows on the federal level. But I am a husband and father and would hate to have to fight a felony perjury charge for the wrong answer on a stupid application.

Link to comment
Share on other sites

  • 4 weeks later...

Correct answer is "No." You need a copy of the expungement order, file it with your appeal and you're good to go. The expungement order is filed with the court, judge then files an order (if it's granted) to ISP to destroy or return any and all records pertaining to the offense. ISP sends order to FBI to purge NICS and NCIC records. Records of the offense still exist but remain under seal with the court and can only be unsealed under extraordinary circumstances.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...