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TASC Probation & FOID/CCL

TASC Probation FOID CCL

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#1 Frahm93

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Posted 19 May 2017 - 08:51 AM

Hey guys

 

I was wondering if anyone here had any experience with TASC probation and the FOID/CCL process.

 

In 2011, when I was 18, I was arrested for a few drug crimes that would have otherwise resulted in felony convictions. But I was able to go on the TASC probation program in lieu of a conviction. 

 

"Under Illinois law, nonviolent criminal defendants who have substance use disorders may be eligible to be sentenced to probation with behavioral health treatment and TASC instead of prison or jail. To receive these services, defendants should request a TASC assessment through their judge, probation officer, public defender, or private attorney. Defendants must plead guilty and agree to follow the instructions of the court, the treatment programs, and TASC. TASC provides case management, and places and monitors adult men and women, who are mandated to TASC, in community health and recovery support programs. In addition, the agency provides similar case management for probationers identified post-sentencing with substance use, mental health and/or co-occurring disorders who are referred by probation." (https://goo.gl/XB0YeH)

 

So basically, TASC probation is a special program in which non violent drug/alcohol offenders have a chance to complete a special kind of probation in order to prevent their charges ending up as convictions.

 

For those of you who don't know, we can refer to this article to find out what counts as a criminal conviction in Illinois (https://goo.gl/d9M0pk): 

 

"Convictions always include a finding of guilt. Typically, you’ll have some sort of sentence attached to a conviction, such as:

 

Supervision that you do not successfully complete

Conditional discharges

Jail time

Prison time

Time considered “served”

Regular probation (other than 710, 1410 or TASC probation)

Fines"

 

Here are my questions guys:

 

Does anyone here have any experience with TASC probation and the FOID/CCL process?

Can the ISP deny me a FOID card even though I was technically never convicted?

Since I never had my record expunged, will the arrest record still show up when ISP runs my name, and will this preclude me from getting a FOID card?

Will my arrest record show up on background checks at an FFL, even though I was never convicted? And would this be grounds to deny me a sale?

 

I'm wondering all this because I applied for my FOID card 2 and a half weeks ago and it's still "under review" according to the ISP website, and this is the only possible thing that could possibly cause a hold up.

 

 



#2 TonyT

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Posted 19 May 2017 - 09:04 AM

My experience has been that FOID approvals/ denials will be issued in 30 days.



#3 Molly B.

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Posted 19 May 2017 - 09:36 AM

I'm not familiar with TASC.  You say one of the conditions is that the defendant must plead guilty - did you plead guilty to a felony? 


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#4 mkhalil61

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Posted 19 May 2017 - 11:19 AM

Frahm93,

Welcome to Illinoiscarry. 

 

I was actually on TASC for an offense I committed as a juvenile even though the offense (had nothing to do with drugs though). So from my experience I was able to get that conviction expunged but then again I was a juvenile so a conviction as a juvenile is eligible for expungement after one turns 18 depending on the offense. Not sure if this applies to you because you were never convicted, I am assuming since you plead guilty the TASC program was like supervision and in that case you should be able to file for expungement, 2 years after the closure of that case.  

 

So to anwser one of your questions the ISP still has access to that arrest since you have not expunged it and I am not sure if that could cause them to deny you a FOID card. Also, like mentioned above it usually takes 30 days to hear back from ISP (at least that is the time they have). But if you are denied there is an appeals process you could follow and PM me if you need help filing it.

 

Similarly, if you are granted a FOID card then you will be able to purchase a firearm. Now the bad news is, is if you live in Cook county and apply for your CCL you are more than likely to be DARTED or objected too and in that case you will be probably waiting over a year before you hear back from ISP.

 

 

Good luck and let us know what happens.  


Edited by mkhalil61, 19 May 2017 - 11:21 AM.


#5 lockman

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Posted 19 May 2017 - 02:18 PM

If it is more than 5 years with  no conviction there should be absolutely no problem. You can't be Darted for a FOID card.


Edited by lockman, 19 May 2017 - 02:19 PM.

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#6 DynamicResponse

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Posted Yesterday, 07:11 PM

If your TASC probation is complete then your charge is vacated.
Since it is vacated it's a Non Conviction. So you will be able to get a FOID and Carry permit. They may ask you for court documents showing that it is vacated and it may take longer then normal. But you are eligible and will get it.
Wouldn't be a bad idea to go get your court documents. Which is called the court Abstract or transcript showing the vacated date. You get this from the clerks office.

I would also stay on top of it. If your FOID doesn't get sent in 30 days of applying. Call them. Because they will put it
Ok the back burner.

Hope this helps you.
If you have any question let me know





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