Appeal under review 2 years

[waddatoe]

My wife and I took our required classes and applied for CCL at the same time in january of 2016- she received her CCl in the mail in a few weeks, and shortly thereafter I got a letter that my request was denied, and my foid card was now revoked, the reason given was "fugitive from justice". I followed the instructions in the letter and surrendered my foid to the local police station, and travelled to TN to appear in court to address the outstanding warrant I had there. I spent 21 days in jail, paid a fee to the probation office, and asked for some sort of document that I could show to prove that I had taken care of this issue, from both the county courthouse, and the attorney that represented me. Neither could provide documentation for me, so I went home without it. I appealed the ccl denial when I got back home, in march of 2016, and it's been under appeal ever since. I'm not sure what action I can take to make any progress towards reinstatement or even find out how much more of a wait is necessary. A friend of mine mentioned this forum, and after reading some similar threads, I've written my own.

[Rilo]

Hi,

 

You haven’t said what the crime was, if it was expunged. Some crimes make you ineligible.

 

Contact MollyB I’m sure she can help

[OneGun]

Waddatoe,

 

You did not say what charge / conviction caused you to spend 21 days in jail. It could be that the charge requires you to wait for a certain period. It could also be that the charge could be a permanent disqualifier. You can get a records from the court clerk on the disposition of your case. Those records should be available now. you might want to contact an Illinois attorney familiar with the FCCA.

 

Good Luck.

[waddatoe]

Thanks for the replies. The charge was violation of probation.

 

To elaborate, I got a dui in TN in 2003. I got several traffic citations along with the citation for dui. I paid the citations off, but was apparently required to physically check in weekly in a probation office in TN. I did not do this as I lived a few hundred miles away. I did not realize there was a warrant for my arrest because of this until I applied for the CCL here in IL in 2016. When I was made aware of it, I travelled to TN and appeared in court to address the issue. It resulted in the 21 day stay in county jail, and a "probation fee" which I paid at the court offices in TN before returning home. I'm not a criminal and I'm somewhat confused by the court process, but the attorney I hired in TN to represent me for this issue assured me that the 21 day jail stay and the payment of the "probation fee" set me right with the law.

[OneGun]

Waddatoe,

 

This is from the ISPFSB website FAQ on qualifications for a CCL. This is what hung you up.

 

• Have not been convicted or found guilty in Illinois or any other state of:
  • A misdemeanor involving the use or threat of physical force or violence to any person within the last 5 years
  • 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the last 5 years
• Not be the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification
• Not have been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the last 5 years

[waddatoe]

Thanks OneGun,

 

In 2016, when I appealed the denial of CCL, the DUI conviction was thirteen years old. I understand that the pending warrant caused an issue, so I went to TN and straightened that issue out two years ago. I don't understand what has caused the appeal to go on unanswered for this length of time, now that the cause of the problem has been addressed.

[WitchDoctor]

Thanks OneGun,

 

In 2016, when I appealed the denial of CCL, the DUI conviction was thirteen years old. I understand that the pending warrant caused an issue, so I went to TN and straightened that issue out two years ago. I don't understand what has caused the appeal to go on unanswered for this length of time, now that the cause of the problem has been addressed.

Don't forget that this is still Illinois you are dealing with.....

[mkhalil61]

 

Thanks OneGun,

 

In 2016, when I appealed the denial of CCL, the DUI conviction was thirteen years old. I understand that the pending warrant caused an issue, so I went to TN and straightened that issue out two years ago. I don't understand what has caused the appeal to go on unanswered for this length of time, now that the cause of the problem has been addressed.

Don't forget that this is still Illinois you are dealing with.....

 

 

Agreed this is Illinois. They will take your rights faster than you can imagine but take their sweet a** time in either issuing or reinstating your rights.

[Molly B.]

Thanks OneGun,

 

In 2016, when I appealed the denial of CCL, the DUI conviction was thirteen years old. I understand that the pending warrant caused an issue, so I went to TN and straightened that issue out two years ago. I don't understand what has caused the appeal to go on unanswered for this length of time, now that the cause of the problem has been addressed.

 

 

Did you ever submit verification to the ISP that the pending warrant for you arrest has been solved? If not, you need to request a copy of the court disposition from the court clerk or circuit court where you cleared up the warrant.

[waddatoe]

Thank you for the reply, Molly B.

 

I'll contact them and ask again now that you've told me what to ask for. I'll update this thread as well.

[ruabean]

How do I contact Molly B? I applied in 2015, the said a LEA filed against me saying I'd bea danger to public safety, etc. They cited 1 arrest for UUW which was tossed for being unconstitutional and an arrest that happened in their jurisdiction 11 years before I applied. For the next 2 years I monthly received 'we need another 30 days' letters. Finally I contacted my state rep. His aide was very helpful but even he was frustrated.he finally got me in contact with the lawyer that represents the Board. Only at that point was I aware that I could respond to the objection.They requested information on all my arrests at that point - all misdemeanors with the exception of the UUW charge.

 

I got the certified records from the courts involved showing that I was never convicted. I also proved that my juvenile record they cited didn't exist. I had to do this when I got my P.E.R.C. card which has similar restrictions. I have had that for over 11 years. I explained what happened in each arrest and pointed out that the complaining witnesses, including the Chicago cops, never showed up in court.

 

I also sent in 2 character references one of which is from my aunt who has and cancer for whom I am the primary caregiver and have been for a year.

 

it is my understanding by statute that an objection can only be raised based on 5 or more arrests within the last 7 years or gang-related offenses within 3 years. The Board is only supposed to be able to extend for 90 days and the permit is supposed to be issued if they go beyond that time. I also understand that an objection resets the 90 days. But I applied in 2015 and have now been denied. Of course I live in Crook County so according to another post I saw it will cost about $400 to appeal. We aren't rich here.

 

Everyone says contact Molly B but I can't figure out how. Am I misreading this statute or what. I only have until August 1 ti file. Time is running out.

[bmyers]

Click on Molly B icon and PM her

[Molly B.]

I'm here.

See some notes below:

 

How do I contact Molly B? I applied in 2015, the said a LEA filed against me saying I'd bea danger to public safety, etc. They cited 1 arrest for UUW which was tossed for being unconstitutional and an arrest that happened in their jurisdiction 11 years before I applied. For the next 2 years I monthly received 'we need another 30 days' letters. Finally I contacted my state rep. His aide was very helpful but even he was frustrated.he finally got me in contact with the lawyer that represents the Board. Only at that point was I aware that I could respond to the objection.They requested information on all my arrests at that point - all misdemeanors with the exception of the UUW charge.

 

I got the certified records from the courts involved showing that I was never convicted. I also proved that my juvenile record they cited didn't exist. I had to do this when I got my P.E.R.C. card which has similar restrictions. I have had that for over 11 years. I explained what happened in each arrest and pointed out that the complaining witnesses, including the Chicago cops, never showed up in court.

 

I also sent in 2 character references one of which is from my aunt who has and cancer for whom I am the primary caregiver and have been for a year.

 

it is my understanding by statute that an objection can only be raised based on 5 or more arrests within the last 7 years or gang-related offenses within 3 years

 

Correction: a license can be denied by the ISP for these reasons. An objection can be raised on 1 one arrest but it's supposed to be for a reason that the person is a danger to self or others. In our opinion, something that happened years ago and the applicant has had a clear record since then is an indication the person is not a danger.

 

The Board is only supposed to be able to extend for 90 days and the permit is supposed to be issued if they go beyond that time. I also understand that an objection resets the 90 days. But I applied in 2015 and have now been denied. Of course I live in Crook County so according to another post I saw it will cost about $400 to appeal. We aren't rich here.

 

Everyone says contact Molly B but I can't figure out how. Am I misreading this statute or what. I only have until August 1 ti file. Time is running out.

Appeals for board denials are difficult to win and costly. You might consider using the funds to get your record expunged, sealing doesn't really help, expunged is best. You would start by getting a complete rap sheet to make sure you expunge everything at once.

To get a FBI rap sheet:

 

Any individual may approach any Illinois law enforcement or correctional facility or licensed fingerprint vendor agency during regular business hours for the purpose of obtaining the individual's criminal history transcript through Illinois’ Access and Review process.

http://www.isp.state.il.us/crimhistory/viewingchrircds.cfm

 

Once you get that done, wait at least 6 mos. and then do the rap sheet again to make sure everything is gone. Then you can ask the ISP to clear your application from their system and then reapply. It's possible an objection might be filed again but much slimmer chance.

[ruabean]

I got Skokie to do that and they would opnly let me look at it so I took pics of it and submitted that. Do the agencies get notified, run your name and then just object if you have anything? How does that really work or do we not know. I'm guessing if I get everything expunged that just doesn't give them to object based on the statute? Because I don't think they filed according to the statute anyway.

 

Thanks to both of you for the quick replies

[ruabean]

So since the UUW was within that period that is what I definitely need expunged and is probably what they objected on, plus an incident that happened in Skokie 14 years ago which I explained. Since I don't have a job right because I'm caring for my aunt the expungement would definitely be cheaper. I can probably get them done for nothing. They are $60 apiece in Cook County, if I have to back for 5 arrests since a juvenile it's almost as much as filing the appeal.Thank you

[Molly B.]

Go to the webpage and learn how to get a complete rap sheet:

 

Any individual may approach any Illinois law enforcement or correctional facility or licensed fingerprint vendor agency during regular business hours for the purpose of obtaining the individual's criminal history transcript through Illinois’ Access and Review process.

http://www.isp.state.il.us/crimhistory/viewingchrircds.cfm

[ruabean]

Thanks, that's what Skokie would only let me take pictures of. I looked at the Jpegs and one of them was the record challenge form.If one has a recors is it your understanding that you can take the report with you? I couldn't find that particular point on the IsP website, just who to send no records reports to.

[Molly B.]

 

• The facility, vendor or vendor agency shall forward to the Illinois State Police the fingerprints and identifying information. Upon receipt and processing of the fingerprint submission, the Illinois State police will send the individual's criminal history transcript with a Record Challenge form or, if no criminal history is found, a written statement so stating to the address provided by the individual or to the law enforcement or correctional facility.

• The individual may list the address of the law enforcement agency or correctional facility or his/her place of residence as the address where the criminal history transcript or written statement that no criminal history was found should be mailed. If mailed or transmitted to the facility, the individual shall be notified of the receipt of the criminal history transcript or statement, that no criminal history was found and shall release the document only to the individual. If the document is not retrieved within 45 days after notification to the individual, the facility shall destroy the criminal history transcript or statement that no criminal record was found.

 

 

 

You cannot take their copy, you submit fingerprints and the ISP will send you a copy.

[ruabean]

So I guess I did it wrong. Skokie took my prints but it only went to them. Nothing came to me. I wonder if I could ask the state police to send it to me if thye still have the request. I hate getting my prints taken...especially the old fashioned way

 

Thanks, Molly