Jump to content


Photo

How to Appeal Revoked or Denied FOID


  • Please log in to reply
331 replies to this topic

#181 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 07 October 2019 - 09:39 PM

So, my FOID card got revoked due to a condition of bail on a misdemeanor that was not domestic violence. I got an attorney involved and he was able to have a motion  granted to modify the condition of bail. This got condition "725 ILCS 5/110-10 (a) (5)" striken. So, when I fill out the FOID appeal form do I check [/size]the option request relief from the firearms prohibition or do I check to challenge the accuracy of the records used to revoke my Foid?  Do I need to send the ISP an official copy [/size]or could I send them the printed off copy of the PDF court document my [/size]attorney sent me?
Log into use GingerLimited mode)" stricken.×


You will want to file a records challenge appeal. A copy is okay as long as it's signed and stamped by the court to show it is legit.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#182 Javy2018

  • Members
  • 1 posts
  • Joined: 07-October 19

Posted 08 October 2019 - 09:17 AM

I am curious.  My card was revoked over three years ago due to a pending felony charge.  I completed TASC probation and the conviction was vacated.  Two weeks ago, I applied for an appeal to get my card back.  What are the chances of that happening?  How long does the process take?



#183 Bubbacs

    #Fear The Clown

  • Members
  • 4,450 posts
  • Joined: 14-November 14

Posted 08 October 2019 - 04:22 PM

Previous answers in this thread say 1 to 2 years plus

These types of appeals are taking a year or more, hopefully you will hear something soon.


Just three posts back......

Edited by Bubbacs, 08 October 2019 - 04:24 PM.


#184 Hoyt10

  • Members
  • 1 posts
  • Joined: 09-October 19

Posted 10 October 2019 - 06:23 PM

 

Hello. My situation is similar to alot of people in Illinois. I was convicted of class 2 Felony Burglary in 1990 in Cook county when I was age 22. I completed 3yrs probation in 1993. I have recently had the Felony conviction successfully sealed by the Illinois state police, Chicago police and Cook county circuit court earlier this year. I have no other arrests or convictions since.Now at age 50, I am a Chicago homeowner and I work as a Registered Nurse of 14 years and I want to own a firearm legally. What are my chances of obtaining a FOID card after 29 plus years of being a productive part of the community? Any input will be greatly appreciated.

 

 

Welcome to IllinoisCarry.

 

If you have had a clean record for the past 20 years and a good reputation in your community, you have a very good chance of getting your rights restored.

 

The first step, as mentioned above, is to apply for a FOID card. Answer all the questions truthfully.  You will be denied and that is when you can begin the process of restoring your rights.

 

With the denial, the ISP will send a letter stating why you were denied - DO NOT LOSE THIS LETTER - you will need it to submit as evidence if you have to go to court.

 

The second step is to apply for a pardon from the governor.  Both these options must be attempted before you can appeal in court, otherwise the attorney general's office will try to get your case dismissed on the basis that all options have not been exhausted.

 

Keep us posted on your progress!

 

Is applying for a pardon filing a petition for executive clemency, then expungement ? Would getting records sealed make a difference?



#185 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 14 October 2019 - 05:03 PM

Is applying for a pardon filing a petition for executive clemency, then expungement ? Would getting records sealed make a difference?


 

 

 

Expungement and sealing are different.

 

https://www2.illinoi...nformation.aspx


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#186 Dmyers

  • Members
  • 1 posts
  • Joined: 15-October 19

Posted 15 October 2019 - 01:17 PM

Hello:
Approximately 8 years ago when I was 15 years old my Foid card was revoked because of a mental health issue with my parent/sponsor. Shortly after this incident (a few months) I was granted a different legal gaurdian via court order. I am now 23 years old and should no longer require a sponsor for my foid application. However, my account still says “revoked” and will not allow me to reapply. I have not attempt to appeal my revocation. What steps should I take to be apply to reapply, being that nothing I personally did was the reason for revocation. I do not have any factors that would prevent me from being approved for a foid card. recently graduated college and now would like to get back into waterfowl hunting, so any help getting my card as soon as possible would be greatly appreciated. Thank you!

#187 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 15 October 2019 - 01:39 PM

Hello:
Approximately 8 years ago when I was 15 years old my Foid card was revoked because of a mental health issue with my parent/sponsor. Shortly after this incident (a few months) I was granted a different legal gaurdian via court order. I am now 23 years old and should no longer require a sponsor for my foid application. However, my account still says “revoked” and will not allow me to reapply. I have not attempt to appeal my revocation. What steps should I take to be apply to reapply, being that nothing I personally did was the reason for revocation. I do not have any factors that would prevent me from being approved for a foid card. recently graduated college and now would like to get back into waterfowl hunting, so any help getting my card as soon as possible would be greatly appreciated. Thank you!

 

 

Private message sent.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#188 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 22 October 2019 - 04:16 PM

I am curious.  My card was revoked over three years ago due to a pending felony charge.  I completed TASC probation and the conviction was vacated.  Two weeks ago, I applied for an appeal to get my card back.  What are the chances of that happening?  How long does the process take?

 

Very good but could take a while.  Appeals seem to be taking a year or more to be reviewed and resolved . . .


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#189 ddguzman73

  • Members
  • 1 posts
  • Joined: 25-October 19

Posted 25 October 2019 - 12:18 PM

I was just denied for my FOID card.  Reason for the denial was: "Driving on suspended/revoked license - court ordered restriction from 07/17/2018."  My understanding was misdemeanors would not affect the application process only felonies would affect it.  I have since cleared up everything and have my driving license back in good standing.  Is there a certain amount of time I have to wait before requesting an appeal?  Thanks in advance!



#190 PewPewBangBang

  • Members
  • 15 posts
  • Joined: 02-March 20

Posted 07 March 2020 - 12:41 PM

First time poster here, but have gained a bunch of knowledge from these boards in general. So thank you to everyone answering questions and providing this valuable information to your fellow Illinoisans.

 

I haven’t been denied yet, but I’d say the odds of denial or approval are about 50-50. Just trying to have my next steps mapped out upon the decision should I need to appeal.

 

I have a now-expunged felony. Even if the letter comes back saying that I need to seek relief from my circuit court and not the Director of ISP I would still be able to do a Records Challenge Appeal to the director before proceeding to the circuit court on account of the fact that the now expunged record should not have been considered in a decision for denial, correct?

 

Thanks in advance



#191 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 07 March 2020 - 01:50 PM

From my understanding, that is correct, you can file a records correction appeal first, in this situation.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#192 PewPewBangBang

  • Members
  • 15 posts
  • Joined: 02-March 20

Posted 07 March 2020 - 02:14 PM

From my understanding, that is correct, you can file a records correction appeal first, in this situation.

Phew! That’s what I was rooting for based on some people in here talking about waiting years for appeals. Thanks!



#193 Monstrddg

  • Members
  • 9 posts
  • Joined: 01-February 18

Posted 11 March 2020 - 11:54 AM

One year ago my FOID and subsequently my CCL was revoked due to an arrest in the state of Iowa back in February of 1989 in which I received a deferred judgment that was expunged in 2016.

 

Yesterday I received this email from the ISP : "Under IA ruling, deferred judgement is a conviction until all terms are completed. There is no such notation on the record that the records that the requirements (community service, substance abuse eval - complete treatment, along with successful completion of probation) was ever completed. At this point your appeal cannot be processed".

 

This morning I contacted the Muscatine Iowa clerk of courts (where my arrest occurred) I just as I suspected since my records have been expunged they cannot provide documentation one way or the other.  Am I incorrect in my presumption that had I not completed all the terms of my probation my Iowa record would indicate a felony conviction rather than deferred judgment? Anyone have advise on a direction to turn to restore my rights?



#194 PewPewBangBang

  • Members
  • 15 posts
  • Joined: 02-March 20

Posted 11 March 2020 - 12:55 PM

Anyone have advise on a direction to turn to restore my rights?


Obligatory, IANAL. That said I’ve spent a LOT of time on this so I can offer up what I, as a non-lawyer, would personally try. If IL knew about the offense it probably means it’s still in your FBI file. First, although the court doesn’t have the records of the offense, they may still have a copy of the Order to Expunge. My OtE has a statement at the bottom indicating the original is on-file at the Clerk. I would call yours back and ask if they have a copy of the Order. If they do, submit that with a Record Challenge Appeal. If they don’t have it or can’t look it up for you due to lack of records and case numbers I would move on to the next thing.

The next thing I would try would be to request a record search from the Circuit Clerk of the county in which the offense occurred. If it is indeed expunged, they should be able to give you certified proof of non-existence of any records. Try submitting that as your proof to the ISP under the same type of appeal.

If ISP doesn’t accept that proof of non-existence, you may have to do a CHRI through the FBI to get a copy of your record. If the arrest shows up on there and you have proof it’s wrong, they allow you to challenge the incorrect item on your record. Do your appeal online and submit your proof. The FBI can’t directly remove something from the database but they can call courts and law enforcement offices to try to straighten things out on your behalf. Whichever agency reported the offense to the FBI (likely the state police) have to update the record for the FBI to update it.

If none of this works it might be time to get a lawyer involved and a lawsuit started.

Good luck!

#195 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 12 March 2020 - 06:28 AM

Yes, this is very good advice. If you still have certified copies of your order to expunge papers you are off to a good start. Somebody somewhere didn't follow through on the expungement and you will want to get that corrected even if you get IL straightened out.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#196 Monstrddg

  • Members
  • 9 posts
  • Joined: 01-February 18

Posted 16 March 2020 - 12:03 PM

 

Anyone have advise on a direction to turn to restore my rights?


Obligatory, IANAL. That said I’ve spent a LOT of time on this so I can offer up what I, as a non-lawyer, would personally try. If IL knew about the offense it probably means it’s still in your FBI file. First, although the court doesn’t have the records of the offense, they may still have a copy of the Order to Expunge. My OtE has a statement at the bottom indicating the original is on-file at the Clerk. I would call yours back and ask if they have a copy of the Order. If they do, submit that with a Record Challenge Appeal. If they don’t have it or can’t look it up for you due to lack of records and case numbers I would move on to the next thing.

The next thing I would try would be to request a record search from the Circuit Clerk of the county in which the offense occurred. If it is indeed expunged, they should be able to give you certified proof of non-existence of any records. Try submitting that as your proof to the ISP under the same type of appeal.

If ISP doesn’t accept that proof of non-existence, you may have to do a CHRI through the FBI to get a copy of your record. If the arrest shows up on there and you have proof it’s wrong, they allow you to challenge the incorrect item on your record. Do your appeal online and submit your proof. The FBI can’t directly remove something from the database but they can call courts and law enforcement offices to try to straighten things out on your behalf. Whichever agency reported the offense to the FBI (likely the state police) have to update the record for the FBI to update it.

If none of this works it might be time to get a lawyer involved and a lawsuit started.

Good luck!

 

I appreciate the advise. I took a couple of vacation days, went back to Iowa and was at the Clerk of Court first thing this morning. I received a certified copy of a documentation of my release from probation and the order to expunge. Hopefully the ISP will do what I see as the right thing and restore my rights



#197 regaskyle@aol.com

  • Members
  • 3 posts
  • Joined: 25-September 19

Posted 17 March 2020 - 03:32 PM

Hi all, new to the page. Long story short I was charged with aggravated fleeing and eluding and had to surrender my FOID (back in 2015). First arrest, and was not convicted. I was only convicted of a misdemeanor speeding ticket and community service. Last year around February or March (cant remember exactly) I mailed in my appeal and have not heard back. I have called ISP and emailed multiple times to no avail. Can anyone assist or recommend any other options, it is insane to have to fight them to get it back when I wasnt even convicted. Been a hunter my whole life and want to start again, thank you in advance!!

#198 chemical operator1

    Member

  • Members
  • Pip
  • 50 posts
  • Joined: 02-November 18

Posted 19 March 2020 - 05:56 AM

Is there a way to check the status online for an APPEAL NOT A RENEWAL on the ISP website?

#199 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 19 March 2020 - 09:52 AM

Is there a way to check the status online for an APPEAL NOT A RENEWAL on the ISP website?

No.  The status of Foid appeals is not reflected or reported online


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#200 chemical operator1

    Member

  • Members
  • Pip
  • 50 posts
  • Joined: 02-November 18

Posted 19 March 2020 - 10:08 AM

Thanks for responding. I sent them an email. But doubt I'll hear back anytime soon. My appeal was sent in the beginning of January.

#201 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 19 March 2020 - 10:10 AM

Thanks for responding. I sent them an email. But doubt I'll hear back anytime soon. My appeal was sent in the beginning of January.

Did you also FAX your appeal packet to the ISP?  FOID and CCL Appeal FAX number   217-782-9139


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#202 chemical operator1

    Member

  • Members
  • Pip
  • 50 posts
  • Joined: 02-November 18

Posted 19 March 2020 - 10:12 AM

No my lawyer Mike Donahue sent it out to them. I believe it had to be certified mail. But not too sure. I know he said he has appeals going on almost 2 years for some of his clients.

#203 chemical operator1

    Member

  • Members
  • Pip
  • 50 posts
  • Joined: 02-November 18

Posted 19 March 2020 - 10:14 AM

Hopefully HB 4450 or the recent lawsuit filed can get something done for us in limbo.

#204 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 19 March 2020 - 10:16 AM

Have him submit a copy of your appeal documents via that FAX number.  It's worth a try.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#205 Don7070

  • Members
  • 12 posts
  • Joined: 26-August 16

Posted 19 March 2020 - 10:17 AM

Thanks for responding. I sent them an email. But doubt I'll hear back anytime soon. My appeal was sent in the beginning of January.

I sent mine in September of 2016.  Still haven't heard a thing.



#206 chemical operator1

    Member

  • Members
  • Pip
  • 50 posts
  • Joined: 02-November 18

Posted 19 March 2020 - 10:19 AM

Ok Molly thanks.

And 2016!? What the hey!!!...this is ridiculous.

#207 Don7070

  • Members
  • 12 posts
  • Joined: 26-August 16

Posted 19 March 2020 - 10:50 AM

Ok Molly thanks.

And 2016!? What the hey!!!...this is ridiculous.

I have delivery confirmation too.  Maybe I should fax my stuff also.



#208 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 20 March 2020 - 06:10 AM

 

Ok Molly thanks.

And 2016!? What the hey!!!...this is ridiculous.

I have delivery confirmation too.  Maybe I should fax my stuff also.

 

I would, if I were you.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#209 chemical operator1

    Member

  • Members
  • Pip
  • 50 posts
  • Joined: 02-November 18

Posted 20 March 2020 - 07:07 AM

Does the difference between a fax and certified mail really mean a difference? Or is it just two ways that they'll get it and have to read one? Lol

#210 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 17,213 posts
  • Joined: 18-April 05

Posted 20 March 2020 - 08:07 AM

I have seen a faster resolution time with faxed appeals - in some cases. I don't know if all appeals will get the same results. I am asking people to do both so we can maybe establish a pattern.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users