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Expungement Does Work - An Example


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#31 Prairie Pucker

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Posted 11 April 2014 - 08:37 AM

PCS.  TASC.  What do these mean?

 

I have nothing on my record other than minor traffic violations, but this has been an interesting read.  Based on my limited knowledge of the LLE review process and the questions on the application, I assumed the history window was 5 years.  If I had anything prior to that, especially as trivial as an arrest with dropped charges or no conviction, I doubt that it would have occurred to me to have my record expunged. 


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#32 Elmer Fudd

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Posted 11 April 2014 - 08:43 AM

PCS is possession of a controlled substance... TASC is Treatment Alternatives for Safe Communities ...it is an organization that provides drug treatment and counseling, particularly in dealing with young people and first offenders to provide a chance to put them back on the proper path. I would suggest that you probably don't have anything to worry about...but something like "an arrest with dropped charges"...unfortunately it seems to matter A LOT depending upon what the arrest was for. I will leave the specifics to the experts, but I would certainly want to check into anything before I pop an application in.



#33 skinnyb82

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Posted 11 April 2014 - 09:36 AM

I'm not offering legal counseling by any means but I've helped others with expungement petitions in the past so if anyone does have a question, shoot me a PM. I'm happy to help. Sent from my SCH-I545 using Tapatalk 2
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#34 Elmer Fudd

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Posted 11 April 2014 - 09:56 AM

I'm not offering legal counseling by any means but I've helped others with expungement petitions in the past so if anyone does have a question, shoot me a PM. I'm happy to help. Sent from my SCH-I545 using Tapatalk 2

Thank you.....that is EXACTLY the type of discussion I was hoping to see when I started the thread.....there are some very skilled and talented people here....and the exchange of information is what is going to help get a lot of people that would otherwise wind up screwed over the hump.....



#35 AJR

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Posted 11 April 2014 - 10:18 AM

$ We need to take those dangerous guns off the street. I mean those dangerous people. $

 

Let me give you another real instance.

Someone is arrested and accused of murder for shooting someone, then is told based on the facts, all they have is excessive use of force and convict him. He takes the attorneys word for it, since he is not one, and serves his time. This was about 19 years ago. He applied for his FOID three years ago and was denied. 

 

Now for the facts:

The person that served the time and now has a conviction, was actually the one being robbed.

 

He took the gun from the robber and shot the robber.

  • He testified that he shot only once. 
  • The coroners report showed he shot twice. 
  • The Judge and attorneys deemed that his own testimony of saying he shot once, showed that he knew shooting more than once was not necessary.
  • They dropped the murder charge and charge him with excessive force.
  • He served his time and now has this charge haunt him.

 

About 3 years ago, he applies for his FOID again, to be told no.

Last year he gets pulled into a building at gun point, beaten until he gives up his keys and tells them where his car is parked. He was also beaten again until he gave up his pin number and Debit card. Mind you, he would have gave them all up with no problem, but while being beaten at gun point, he could not remember where he parked or what his pin was, because all he could think of was not seeing his daughters grow up. 

 

Any firearms instructor, as well as anyone that reads or listens to the news, knows that his arrest should have never happened. Just listen to any firearms expert witness and they will tell you, even law enforcement forgets how many shots were fired under the moment of stress. If the threat is still a threat, your survival instincts kick in and you do what you have to do, even it it's instinctively shooting more than once. 

 

Other facts:

He weighed only 115 lbs and was 5 feet tall. 

The robber was over 6 feet tall and weighed over 200 lbs.

 

All the ISP knows is that this person shot someone and was convicted of excessive force. This is BS.

I know he is not the only one and many more victims are out there. Not only because this is IL, but because that was the Chicago way. Convict anyone that cannot afford a proper defense.

 

I advised him to expunge his records 3 weeks ago and reach out to me if he needed help. No I don't know the system, no I am not a lawyer, but for the mere fact that he is a friend that was wronged, I am getting involved. I will follow up with him in a week or so and if the has received a copy of his records. If not, I will help him, even though he has not asked me too.

 

You tell me he does not deserve the right to have a gun in his home, for defending himself years ago and not having a proper defense.

 

If you do not know all the facts, please don't hate. Some need help and just won't ask, but will read a topic like this and may try to help themselves.

 

I better stop blabbing, since now I am letting my feelings drive this.

(Corrected some possibly misleading info.)


Edited by AJR, 11 April 2014 - 11:06 AM.

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#36 BIGDEESUL

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Posted 11 April 2014 - 10:20 AM

That's a little different than a convicted violent cokehead. What's the story behind that one?

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#37 pdpsc

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Posted 11 April 2014 - 10:26 AM

Excessive Force isn't a crime. Was it Second Degree Murder or Involuntary Homicide?
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#38 Elmer Fudd

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Posted 11 April 2014 - 10:26 AM

That's a little different than a convicted violent cokehead. What's the story behind that one?

How is it different.....you read something that said "aggravated assault" and you characterize the person as a "violent cokehead".....I would suggest that its the same thing...drawing a conclusion without having all of the relevant facts is PRECISELY what ISP is doing that is screwing a whole bunch of people....if we are going to expect people to give the benefit of the doubt until the details are presented we ought start by doing so ourselves.



#39 AJR

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Posted 11 April 2014 - 10:47 AM

Excessive Force isn't a crime. Was it Second Degree Murder or Involuntary Homicide

I am waiting to see his records. Again, he was railroaded, and is only telling me what he was told.

This guy has been helping kids in the boys club and many other places and until he was beaten nearly to death last year, he never shared his previous encounter. 

Some people just are ashamed of time served, even if it was a bogus conviction, and just don't talk about.


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#40 BIGDEESUL

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Posted 11 April 2014 - 11:54 AM


That's a little different than a convicted violent cokehead. What's the story behind that one?


How is it different.....you read something that said "aggravated assault" and you characterize the person as a "violent cokehead".....I would suggest that its the same thing...drawing a conclusion without having all of the relevant facts is PRECISELY what ISP is doing that is screwing a whole bunch of people....if we are going to expect people to give the benefit of the doubt until the details are presented we ought start by doing so ourselves.


I read something that said someone was CONVICTED of cocaine possession and aggravated assault.

Cocaine possession CONVICTION would lead to inferring they're a cokehead, and an aggravated assault CONVICTION would lead me to believe that there was violence involved. So yes, a violent cokehead. Who 18 months later was able to obtain a foid.

For some reason you see this as ok?

I don't think a lot of people are getting screwed by the ISP because they don't have all of the relevant facts. There's a few rejections and denials, some for good reason, some for not.

The law is the law. If something is done according to the law as written, how can you fault the ISP? You said yourself eariler, the laws are what they are. If you don't like them, do what you can to change them. Just because you feel it's not right doesn't matter.

If someone made a mistake, that mistake is on the person, not the ISP who is following the law as written.

Edited by BIGDEESUL, 11 April 2014 - 11:56 AM.

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#41 Elmer Fudd

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Posted 11 April 2014 - 12:07 PM

 

That's a little different than a convicted violent cokehead. What's the story behind that one?


How is it different.....you read something that said "aggravated assault" and you characterize the person as a "violent cokehead".....I would suggest that its the same thing...drawing a conclusion without having all of the relevant facts is PRECISELY what ISP is doing that is screwing a whole bunch of people....if we are going to expect people to give the benefit of the doubt until the details are presented we ought start by doing so ourselves.


I read something that said someone was CONVICTED of cocaine possession and aggravated assault.

Cocaine possession CONVICTION would lead to inferring they're a cokehead, and an aggravated assault CONVICTION would lead me to believe that there was violence involved. So yes, a violent cokehead. Who 18 months later was able to obtain a foid.

For some reason you see this as ok?

I don't think a lot of people are getting screwed by the ISP because they don't have all of the relevant facts. There's a few rejections and denials, some for good reason, some for not.

The law is the law. If something is done according to the law as written, how can you fault the ISP? You said yourself eariler, the laws are what they are. If you don't like them, do what you can to change them. Just because you feel it's not right doesn't matter.

If someone made a mistake, that mistake is on the person, not the ISP who is following the law as written.

 

We clearly disagree and nothing is going to change that so I going to move on. You are entitled to your views and I choose not to agree.



#42 BIGDEESUL

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Posted 11 April 2014 - 01:06 PM

I agree with you there.

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#43 101abn

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Posted 11 April 2014 - 01:34 PM

Couple of years ago when I applied for my Florida I was notified that I needed a court disposition on my disorderly arrest from 30 something years ago,

 

Dropped, No fines, no time. no nothing,  

 

It does not go away,

 

The clerk at the circuit court  asked what the disposition was for,

 

When I told her it was for my out of state CCL,  She said why haven't you had this expunged, 

 

I said actually I thought it went away since it was dropped,

 

She said nothing goes away..

 

Then she got the forms and helped me start the expungement process.





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#44 bob

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Posted 12 April 2014 - 11:53 AM

none of us (including those denied) knows what it is that is in the record that is convincing the board to deny them. my guess is that there will be a few people denied by the review board that probably should not be, but I suspect that most of us would have no problem with the majority of denials if we saw what the board sees that they are making their decisions on. 

 

in any case. I don't see any prohibition in the FCCA or the rules for someone not to apply again if denied by the board. maybe the LEA that objected will lose interest in reviewing license applicants. So maybe the practical answer is to wait a year and apply again. 

 

Incidentally there is a rule that says you have to wait two years to reapply if the department denies you, but nothing that I can find that prevents one from reapplying if denied by the board. I might have missed it though.


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The opinions expressed by this poster do not reflect the official stance of Illinois Carry. Apparently there was some confusion on the part of at least one person that it does, and I want to make things clear that my opinion is my own and that whatever the official stance of IC is or is not at present, it may or may not reflect my own opinion.

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