Jump to content


Photo

If an FOID application is denied due to a misdemeanor for a person under 21, once they turn 21 can they just send in a new application?

FOID Denied Denial Under 21 Appeal ISPFSB Deferred Adjudication

  • Please log in to reply
15 replies to this topic

#1 HelloAll

  • Members
  • 30 posts
  • Joined: 13-November 19

Posted 14 January 2020 - 12:29 PM

Hi everyone, I am 20 years old and I have completed deferred adjudication regarding a Poss. of marijuana and Paraphernalia charge I picked up in Texas. The disposition of the charges is "dismissed".
I plan to attempt to get this expunged anyways, but...

1) If I submitted an FOID application right now, do you think I would be denied, since I was never officially convicted?

2) If I am denied, once I turn 21, since the charges will then be irrelevant (since they're only misdemeanors, and the under 21 with a misdemeanor stipulation won't apply anymore),could I then just submit a new application, or would I have to go through the appeals process? Hopefully I could just submit another application. Thanks.

Edited by HelloAll, 14 January 2020 - 12:33 PM.


#2 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 16,598 posts
  • Joined: 18-April 05

Posted 14 January 2020 - 05:52 PM

If you can get this expunged in Texas, it would be wise to do that first.  If you apply now and get denied, an appeal could take several years.


"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

#3 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 16,598 posts
  • Joined: 18-April 05

Posted 14 January 2020 - 06:02 PM

If you apply and get denied, when you turn 21 the denial will still be on your record and you will have to file an appeal.  Get your record clear first.  Wait at least 90 days and have a back ground check done for yourself, if all is clear, than apply.


"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

#4 HelloAll

  • Members
  • 30 posts
  • Joined: 13-November 19

Posted 15 January 2020 - 12:36 PM

If you apply and get denied, when you turn 21 the denial will still be on your record and you will have to file an appeal.  Get your record clear first.  Wait at least 90 days and have a back ground check done for yourself, if all is clear, than apply.


Ok, thank you very much. Do you mean 90 days after I get my record clear?

Edited by HelloAll, 15 January 2020 - 12:37 PM.


#5 Colt guy

    Member

  • Members
  • 1,568 posts
  • Joined: 13-February 13

Posted 15 January 2020 - 07:31 PM

Yes get your record clear and 90 days after do the background check just to make sure it is actually cleared before you apply. Beats waiting years for an appeal.good luck.


Leave the gun. Take the cannoli.

#6 Rmac702

    Member

  • Members
  • PipPipPipPipPip
  • 270 posts
  • Joined: 18-February 16

Posted 16 January 2020 - 09:14 AM

His charge was dismissed, so how/why can that deny his FOID application? I understand expunging the record, but in this case it was a dismissal and should not count against him..



#7 101abn

    Member

  • Members
  • PipPipPipPipPipPipPipPipPipPip
  • 544 posts
  • Joined: 09-August 11

Posted 16 January 2020 - 09:26 AM

A not so perfect test case on the ISP’S stand on we wont go after marijuana purchase with foid / ccl holders. Only problem it happened in Texas. But it would be interesting to see how they would handle it. So as stated above get it taken care of before apply’ing.



___________________________________________________________________________________________________________________________
Μολὼν λαβέ

 


#8 Quiet Observer

    Member

  • Supporting Members Team
  • 1,504 posts
  • Joined: 20-May 15

Posted 16 January 2020 - 02:11 PM

His charge was dismissed, so how/why can that deny his FOID application? I understand expunging the record, but in this case it was a dismissal and should not count against him..

 

Other members have reported similar problems.  The arrest record and court proceedings may still be on file somewhere.  That can be enough to severely slow down the processing of his application. 

It may not be fair, but it happens.



#9 Rmac702

    Member

  • Members
  • PipPipPipPipPip
  • 270 posts
  • Joined: 18-February 16

Posted 17 January 2020 - 09:25 AM

Fair or not fair doesn't matter if you qualify as requested.  I think he is good to go. The other people that had problems did not have a dismissal, if I remember correctly.



#10 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 16,598 posts
  • Joined: 18-April 05

Posted 17 January 2020 - 10:17 AM

When ISP does his background check it will show the arrest, charges, conviction - they don't always see the final court outcome.  Trust me, he needs to expunge his record first, he was going to do it anyway, he doesn't need that record following him.  Get a clean record, start the application process clean.  He risks having to file an appeal that could take years to process.  Not worth the risk.


"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

#11 Molly B.

    IllinoisCarry spokesperson

  • Moderator
  • 16,598 posts
  • Joined: 18-April 05

Posted 17 January 2020 - 10:25 AM

To clarify, we have a member here who went through deferred dismissal here in IL and had to go through all of this.


"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

#12 HelloAll

  • Members
  • 30 posts
  • Joined: 13-November 19

Posted 17 January 2020 - 01:20 PM

When ISP does his background check it will show the arrest, charges, conviction - they don't always see the final court outcome.  Trust me, he needs to expunge his record first, he was going to do it anyway, he doesn't need that record following him.  Get a clean record, start the application process clean.  He risks having to file an appeal that could take years to process.  Not worth the risk.


I understand,although there is no conviction. I was never convicted. I plead guilty, but the court never entered a judgement of guilt. Due to successfully completing the requirements of the deferred adjudication, the court deferred a guilty judgement and instead dismissed the charges. Not guilty, not convicted. Just arrested and charged.

#13 Bubbacs

    #Fear The Clown

  • Supporting Members Team
  • 3,387 posts
  • Joined: 14-November 14

Posted 17 January 2020 - 01:37 PM

Run the background check, there’s a link somewhere here in the forums
If it’s all good then by all means go forward

If you like headaches, just apply and see what happens.
It’s not something we can do for you and we don’t know what it is you want to do.

Information is out there, like NEO had to choose.....the red pill or the green pill

#14 HelloAll

  • Members
  • 30 posts
  • Joined: 13-November 19

Posted 17 January 2020 - 02:04 PM

Run the background check, there’s a link somewhere here in the forums
If it’s all good then by all means go forward
If you like headaches, just apply and see what happens.
It’s not something we can do for you and we don’t know what it is you want to do.
Information is out there, like NEO had to choose.....the red pill or the green pill


Oh, what I want to do is stated in my original post, one part being that I wanted to know that if I applied right now, would I be denied even though I was never convicted of a misdemeanor? According to the FOID stipulations, people under 21 who have a misdemeanor or felony conviction will be denied, so it seems I SHOULD be able to go through without a problem, but the reality is I might get rejected due to... well, whatever the reason. I definitely understand why I should get the expungement first though, and that's (sadly) what I'm gonna do. I'm probably just gonna wait until I'm 21 too, just to be double safe.

#15 Rmac702

    Member

  • Members
  • PipPipPipPipPip
  • 270 posts
  • Joined: 18-February 16

Posted 17 January 2020 - 03:42 PM

I would definitely wait till 21.  Molly has quite a bit of experience in matters like this, and I haven't read any bad advice that she has given. It's a shame you have to jump through hoops,



#16 HelloAll

  • Members
  • 30 posts
  • Joined: 13-November 19

Posted 17 January 2020 - 06:16 PM

I would definitely wait till 21.  Molly has quite a bit of experience in matters like this, and I haven't read any bad advice that she has given. It's a shame you have to jump through hoops,


Yea. I guess on the bright side of things, I wouldn't really be able to buy my own guns and ammo the way I want to (online) until 21 anyways, I would have to have someone private transfer it to me, or my parent who has an FOID "gift" me one. Plus, by the time the expungement is finished, I'll almost be 21 anyways.





Also tagged with one or more of these keywords: FOID, Denied, Denial, Under 21, Appeal, ISPFSB, Deferred Adjudication

1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users