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FOID Appeal - What's the process for petitioning the circuit court.

FOID Appeal Felony Court

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#1 nbartlet

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Posted 07 December 2017 - 02:49 PM

New here to this awesome forum. I've been reading a lot of stories on here. I'm hoping someone can nudge me in the right direction here. I was denied a FOID card because of a felony burglary conviction. It's from 1994 (over 20 years), when I was 17 years old (charged as an adult). I appealed to the ISP but was informed that because it was considered a "forcible felony", I would have to petition the circuit court in my jurisdiction (Will County) for a hearing. 

 

I've been searching, but cannot find out how to start this process myself. Do I just walk into the clerks office and say I want to file a petition for hearing to restore my firearm rights? I know clerks can't offer legal advice, and therefore aren't very helpful when it comes to providing information.

 

I'm really hoping to be able to do this without an attorney. We are moving out of state soon, and it will be a stretch to afford both the move and hiring an attorney for this. But I would like to obtain my FOID prior to moving in hopes that it will make the process of being licensed in my new state will be that much easier. I have already contacted the Parole Board in Georgia (where we are moving to) about having my gun rights restored there, and I am hopeful that even without obtaining a FOID here, I will be able to obtain one in GA. 

 

Can anybody help me as to where to begin? If any other information would be helpful, I can provide it. Just let me know.

 

Thanks!



#2 Brownshoe

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Posted 07 December 2017 - 03:02 PM

Would this thread help?

 

http://illinoiscarry...showtopic=47227



#3 nbartlet

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Posted 07 December 2017 - 03:07 PM

Thanks. I did see that post, but unless I missed it, I didn't see anything with directions for filing a petition. Just saw that you may need to file a petition for certain types of convictions. 



#4 InterestedBystander

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Posted 07 December 2017 - 03:20 PM

PM Molly and I expect she can point you in the right direction...

Edited by InterestedBystander, 07 December 2017 - 03:26 PM.

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#5 nbartlet

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Posted 07 December 2017 - 03:42 PM

PM Molly and I expect she can point you in the right direction...

 

Thank you. Will do.



#6 SDF678

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Posted 07 December 2017 - 05:03 PM

You know, this situation is just not fair or equal. Not sure if this is a policy or it was just talk but I remember reading something about gun crime in Chicago that goes something like this.

If a person commits a violent act in Chicago with a firearm such as a robbery and this would be your first offense you can receive a deal where if you remain crime free for 18 or so months that all charges will be dropped. Please correct me if I am wrong with the details. If true this would be an unbelievably good deal. How many people on this board have committed a lot less of a serious crime and have remained law abiding citizens for decades but still have all kinds of grief getting a FOID or CCL?

Sorry to take this off topic. This just is not equal protection under the law.

Good luck with your case.

#7 mkhalil61

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Posted 07 December 2017 - 05:56 PM

sent you a PM



#8 BobPistol

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Posted 07 December 2017 - 05:59 PM

It isn't equal, you're right.   I wonder if you can petition to get it expunged?


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#9 Penumbra1811

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Posted 07 December 2017 - 07:26 PM

I was denied in court myself from getting a foid from a residential burglary from over 20 years ago. I too have been a law abiding citizen since then and I don't have the funds to appeal my case. My attorney wants thousands of dollars to help me but I just can't afford it. He told me he would for sure get my card now he won't even return my calls or anything. I believe he just wanted the money and didn't care what happened in court. Good luck I hope you can get it.

#10 SDF678

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Posted 07 December 2017 - 11:08 PM

So I have a question for you Penumbra1811. What was the reason for the denial in court? PM me if you would like.

Now a question for the group. When a person goes to court what is the law that the judge follows to decide to grant or deny restoration of rights? Surely there has to be some written standard to meet. Length of time since last conviction, job history, substance abuse issues etc, something other than the judges attitude that day.

#11 nbartlet

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Posted 08 December 2017 - 07:38 AM

You know, this situation is just not fair or equal. Not sure if this is a policy or it was just talk but I remember reading something about gun crime in Chicago that goes something like this.

If a person commits a violent act in Chicago with a firearm such as a robbery and this would be your first offense you can receive a deal where if you remain crime free for 18 or so months that all charges will be dropped. Please correct me if I am wrong with the details. If true this would be an unbelievably good deal. How many people on this board have committed a lot less of a serious crime and have remained law abiding citizens for decades but still have all kinds of grief getting a FOID or CCL?

Sorry to take this off topic. This just is not equal protection under the law.

Good luck with your case.

 

 

Wow, I've never heard of that option. It certainly wasn't available when I was going through it, but that was 23 years ago. I actually ended up doing almost 2 years of a 4 year sentence in the Department of Corrections. I got what I deserved though, I don't deny that. But I think there should be a better path for restoring someones rights after they've clearly learned their lesson and stayed on the straight and narrow for a certain amount of time. 



#12 nbartlet

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Posted 08 December 2017 - 07:39 AM

It isn't equal, you're right.   I wonder if you can petition to get it expunged?

 

Unfortunately felonies cannot be expunged in Illinois. Only misdemeanors. The only option to have it removed is to request a pardon from the governor, but that's a long shot. I am going to try though.



#13 nbartlet

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Posted 08 December 2017 - 07:41 AM

I was denied in court myself from getting a foid from a residential burglary from over 20 years ago. I too have been a law abiding citizen since then and I don't have the funds to appeal my case. My attorney wants thousands of dollars to help me but I just can't afford it. He told me he would for sure get my card now he won't even return my calls or anything. I believe he just wanted the money and didn't care what happened in court. Good luck I hope you can get it.

 

Thank you. Sorry to hear about your troubles. Hopefully at some point in the future you will be in a position to work on this again. It's a shame that the process isn't more clear so that it's easier to achieve this without the help of an attorney.



#14 Penumbra1811

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Posted 08 December 2017 - 08:29 AM

Molly is requesting all files and motions filed in court for me. So I'm going to court house today to get those documents I still have hope and I know Molly will do her best to help.

#15 skinnyb82

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Posted 08 December 2017 - 09:05 AM

My understanding of criminal law in Illinois is that, even if you're charged as an adult, you're still considered a minor insofar as record sealing and expungement is concerned. I'm trying to help my girlfriend's cousin with the exact same issue. Burglary (they stole $30, he's 35 now so 17 years ago). I've read that they will expunge a forcible felony (adjudication at least) if it's been 10 years since final disposition and NO convictions since. For anything, traffic citations excluded. I'm not as familiar with the ins and outs of criminal law, specifically the charging minors as adults vs. an adjudication of delinquency vs whatever else they can do. All I know is that my old lady's cousin was dinged for practically the same thing, kept screwing up while on probation and ended up in a local juvenile detention center. His felony has since disappeared from the local court records database. I'm 95% sure he can get it expunged but he has to beat a bogus DUI charge (not gonna get into how many of his civil rights were violated during that encounter) first. That's for adjudication of delinquency, not sure how that compares to your situation. He said he was charged as an adult so....shrug. Hopefully something was helpful heh. Sent from my VS987 using Tapatalk
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#16 nbartlet

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Posted 08 December 2017 - 09:24 AM

My understanding of criminal law in Illinois is that, even if you're charged as an adult, you're still considered a minor insofar as record sealing and expungement is concerned. I'm trying to help my girlfriend's cousin with the exact same issue. Burglary (they stole $30, he's 35 now so 17 years ago). I've read that they will expunge a forcible felony (adjudication at least) if it's been 10 years since final disposition and NO convictions since. For anything, traffic citations excluded. I'm not as familiar with the ins and outs of criminal law, specifically the charging minors as adults vs. an adjudication of delinquency vs whatever else they can do. All I know is that my old lady's cousin was dinged for practically the same thing, kept screwing up while on probation and ended up in a local juvenile detention center. His felony has since disappeared from the local court records database. I'm 95% sure he can get it expunged but he has to beat a bogus DUI charge (not gonna get into how many of his civil rights were violated during that encounter) first. That's for adjudication of delinquency, not sure how that compares to your situation. He said he was charged as an adult so....shrug. Hopefully something was helpful heh. Sent from my VS987 using Tapatalk

 

Very interesting. I never considered that even though I was charged as an adult, there may be some consideration of that fact that I was still a minor. After I ready your post I saw this on an attorney's website:

 

"Keep in mind that just because you were a minor at the time of your arrest or conviction, some things will not count as juvenile records.

You’ll have an adult record, not a juvenile record, if:

  • You were arrested after you turned 18
  • You were arrested for a felony after your 17th birthday and that arrest was before the year 2014
  • You were arrested over a traffic offense, such as driving under the influence
  • You were charged as an adult at any time while you were a minor (in this case, you may still be eligible for expungement; your attorney will just need to file different paperwork)"

---

I think I'm going to consult with an attorney. Maybe I'm missing something. Hopefully this also applies to a class 1 felony. I appreciate your comment dkinnyb82. 



#17 Xwing

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Posted 08 December 2017 - 10:20 AM

Good luck on your quest.  IMO it is unfortunate that it is so terribly difficult (and sometimes impossible) to have your rights restored, even after someone turns their life around.  As long as you have a felony on your record, you will never have any 2nd-amendment rights recognized. 

 

Moving to GA won't help.  All states follow federal law regarding firearm possession and ownership (relevant excerpt below).  Your only option is to petition to have this past conviction removed from your record here in Illinois.  From what I've read before, a non-violent felony is eligible for expungement after 10 years on the "straight and narrow".  It sounds like a hard and difficult process though;  let us know what happens after you speak with an attorney!

 

IANAL...

 

18 U.S. Code 922 - Unlawful acts

(d)  It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1)   is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;


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#18 All Pro

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Posted 08 December 2017 - 01:41 PM

https://www.illinois...General-Infor..

 

The above link gives you all the info.you need for Illinois.

 

The CCB in Illinois and the objectors do not care if you were convicted or not. The more interactions you

have had with the police the chances of a CCL in this State are reduced. This makes you a danger to yourself or others and the system is setup so you cant beat them.Go check illinois Appelate court decisions,look up Defendants Illinois State Police and or the Concealed Carry Board.If anyone reading this has a prior UUW before 2014 you can have this Expunged because that Il.law was unconstitutional.The case is Aguilar v State of Illinois.Any attorney who tells you he can get you a CCL if you have a previous felony in this state is full of dogdirt.



#19 nbartlet

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Posted 08 December 2017 - 04:55 PM

https://www.illinois...General-Infor..

 

The above link gives you all the info.you need for Illinois.

 

The CCB in Illinois and the objectors do not care if you were convicted or not. The more interactions you

have had with the police the chances of a CCL in this State are reduced. This makes you a danger to yourself or others and the system is setup so you cant beat them.Go check illinois Appelate court decisions,look up Defendants Illinois State Police and or the Concealed Carry Board.If anyone reading this has a prior UUW before 2014 you can have this Expunged because that Il.law was unconstitutional.The case is Aguilar v State of Illinois.Any attorney who tells you he can get you a CCL if you have a previous felony in this state is full of dogdirt.

 

You may be correct, but my first step in this process is to obtain my FOID card and I do believe that obtaining a FOID is possible. Now, you did not say that previous felonies would bar you form ever obtaining a FOID card, so I'll assume that statement was specific to CCL. If I ever get past the FOID hurdle, I will start investigating the CCL issue further. 



#20 skinnyb82

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Posted 08 December 2017 - 07:11 PM

You can be objected to based on EXPUNGED crap so...I don't know what roadblocks you'd have to getting a CCL but it's ridiculous. There needs to be due process, a, Bill of Rights of sorts for CCL applicants. And FOID applicants as well. There should not be a presumption of guilt, prove your innocence. Clearing the FOID hurdle will be enough work for the time being. Reaching out to Molly B was the best first step you can take. Sent from my VS987 using Tapatalk
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#21 Bitter Clinger

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Posted 09 December 2017 - 08:41 AM

You say you're moving out of state soon. If that's true, then my opinion is that you shouldn't waste your time trying to get a FOID in IL.
You say "I would like to obtain my FOID prior to moving in hopes that it will make the process of being licensed in my new state will be that much easier".

But, most states don't require a FOID or other "license" to own a gun. I think there are only two states in the country that have this unconstitutional requirement (Illinois and New Jersey). Other states don't have "FOID" cards, so if you're moving to somewhere other than IL or NJ, you won't need a "license".

Now about the ability to purchase a gun and pass a NICS check, that's a different story and that's probably what you should be working on.

#22 nbartlet

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Posted 20 December 2017 - 02:41 PM

You say you're moving out of state soon. If that's true, then my opinion is that you shouldn't waste your time trying to get a FOID in IL.
You say "I would like to obtain my FOID prior to moving in hopes that it will make the process of being licensed in my new state will be that much easier".

But, most states don't require a FOID or other "license" to own a gun. I think there are only two states in the country that have this unconstitutional requirement (Illinois and New Jersey). Other states don't have "FOID" cards, so if you're moving to somewhere other than IL or NJ, you won't need a "license".

Now about the ability to purchase a gun and pass a NICS check, that's a different story and that's probably what you should be working on.

 

 

What gives me hope about the Federal Ban is something I saw in this lawyers video: https://youtu.be/XxZwGZ8eIDI?t=7m28s

 

"The good news is that if your case was in state court, if the state in which your conviction occurred allows your rights to be restored whether through expungement, set aside, or by firearm rights restoration, that process will also lift the federal ban that applies to you."



#23 Kingcreek

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Posted 20 December 2017 - 03:00 PM

I was involved in trying to help a man that had a felony conviction from many years ago (possession of stolen ATV). He is a responsible adult with no issues since his arrest as a teenager. He wanted to get a FOID so he could inherit a couple of guns from his father and grandfather. We consulted a lawyer who recommended another lawyer with more experience with this type of case.

The lawyer's exact words were, "Bring 20 thousand dollars and low expectations."



#24 Molly B.

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Posted 21 December 2017 - 12:06 PM

I was involved in trying to help a man that had a felony conviction from many years ago (possession of stolen ATV). He is a responsible adult with no issues since his arrest as a teenager. He wanted to get a FOID so he could inherit a couple of guns from his father and grandfather. We consulted a lawyer who recommended another lawyer with more experience with this type of case.

The lawyer's exact words were, "Bring 20 thousand dollars and low expectations."

 

 

This lawyer is so misinformed or not being exactly honest.  It is possible, after years of having a clean record, to get firearm rights restored.


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