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FOID appeal FOID revoked

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#1 Novakj126

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Posted 11 October 2016 - 08:51 PM

Hey guys,
 
In 2014 I was charged with Possession of Cannabis/30-500 Gram/1st and MFG/DEL of Cannabis/30-500.
My FOID card was immediately taken by my local police department after I bonded out. 
 
No judgement was made on my case after serving almost 2 years of probation (I was released early due to good behavior, all fines paid, and so I can travel for work).
I was not convicted of any felonies, only charged - correct me if I'm wrong.
 
I have all of my court records as requested for the appeal. The few questions I have are...
 
1) On average, how long does it take to appeal?
 
2) "Describe the reason for your appeal and, if applicable, the information you are providing to correct your criminal history
record. You may attach additional pages as needed."
 
The reason for my appeal is because I was not convicted of a felony and believe it is my right to own a firearm still. Is there a more appropriate way to word this? I'm not sure what kind of response they are looking for. Any advice would be appreciated!
 
3) Should I contact my local state rep to help speed up the process? I've read to do that on reddit, but I don't personally know any state rep and I'm sure a lot of them want to keep guns off the streets which is understandable.
 
Thanks in advance for your help!


#2 spec5

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Posted 11 October 2016 - 09:54 PM

Welcome to the Forum. You might look here to get you started. I don't know what your Rep could do to speed things along if you haven't yet started the process. IANAL however. You said you haven't been charged yet you spent time on probation and paid fines and released early. It appears you were convicted of a crime but maybe not a felony. Was it negotiated down to a misdemeanor? Correct me if I am wrong.

https://isp.state.il...-revocation.cfm

Edited by spec5, 11 October 2016 - 10:04 PM.

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#3 Novakj126

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Posted 11 October 2016 - 10:18 PM

Sorry, I meant I wasn't charged. Only an arrest shows on my record.

I was on 7-10 probation (deferred prosecution)

"A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements."

#4 spec5

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Posted 11 October 2016 - 10:37 PM

It is very possible you will need a lawyer to get it back. You could also contact Molly B with a PM to see what your options are at this point. Click on her avatar and send her a message.
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#5 Novakj126

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Posted 12 October 2016 - 02:07 AM

Really? After reading I figured I wouldn't need a lawyer because they attempted to charge me with a non-violent felony. If required I can give my lawyer a call, no worries.

 

I've sent Molly B. a PM. Thanks!



#6 Raw Power

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Posted 12 October 2016 - 06:20 AM

If you served probation, you weren't just charged, you were convicted.



#7 Novakj126

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Posted 12 October 2016 - 08:17 AM

If you served probation, you weren't just charged, you were convicted.

Not true, luckily.

#8 Novakj126

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Posted 12 October 2016 - 08:31 AM

987d7f22338a445fb4c3b32df0673183.png

 

Alright, another mistake - I was charged, but not convicted.


Edited by Novakj126, 12 October 2016 - 08:32 AM.


#9 Glock23

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Posted 12 October 2016 - 11:05 AM

Sounds pretty much like a Suspended Imposition of Sentence.

 

Just tell them you successfully met the terms of your probation, and the charge/conviction/sentence has been vacated.


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#10 SiliconSorcerer

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Posted 13 October 2016 - 10:58 AM

My daughter boyfriend dropped it in her purse when they got pulled over, guess what... 

She got the misdemeanor, did some hours community service, paid a fine, etc. 

 

Why shouldn't she just apply for a new one, there's nothing on her record that would prevent her from getting one now if she didn't have one before.

Right? 


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