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Posted

Hello,

 

this is my first post, i'm very new to this site

i have a couple questions regarding approval of my foid card

i applied August 5th, and my check was cashed August 12th,

I have a couple criminal records i am not very proud of,
aggravated battery which was a class A misdemeanor(not a felony but it does state IL treats Aggr Bat as a felony...) which happened 5-3/4 years ago, it was a stupid school fight, ever since then, not a single record, not a single traffic tickets, squeaky clean for over 5 years
what do you guys think my chances are?
thank you for your input.
Posted (edited)

If it happened in another state, since it was a misdemeanor you might be ok. Honestly only time will tell. You may have to get it expunged from your record if possible, then reapply.

 

I'm sure Molly or Todd will chime in on this one with more info.

Edited by BIGDEESUL
Posted

You may get the FOID but you won't get a concealed carry permit..and if you apply for one they may revoke the FOID...I can't cite authority but I think its a good guess based upon what we have seen.

Posted (edited)

BigDeesul - It happened in IL, which is why i am worried but under the disposition its marked battery: Class A misdemeanor(terminated) - while the title reads aggravated battery.. odd?

 

Elmer Fudd - Though conceal carry would be ideal for my travels on weekend to my friends house (one street away from garfield park) I believe just a FOID card will suit me fine.

 

 

Thank you both for such quick responses.

Edited by hyde_
Posted (edited)

Disclaimer: I am not a lawyer...that out of the way:

 

Pretty much what Elmer said. The FOID is actually the easy part; when you do apply for a CCL, especially if you are in Cook, it wouldn't be unreasonable to expect an objection by the Cook Co. sheriff's dept. An objection does not mean you will be denied, only that your application will have to go before the CCL Review Board then they'll determine whether this would warrant a denial. If they deny, then you can appeal their ruling in court. The stickler maybe that you were charged, with which most people here will recommend you go thru a lawyer to TRY to expunge your arrest/conviction record before even applying for the CCL. Expungement refers to the process of sealing arrest and conviction records. Multiple offenses, as in two or more, might make this process more difficult. Having a felony on your record might make this process next to impossible. Any felony involving sexual assault or assault on children, don't even bother, you will never be able to own or carry a firearm legally.

 

My suggestion...keep a lawyer's number handy whether or not you plan on expunging your record based on the info you've provided. Good luck and I wish you the best.

Edited by ChadN.
Posted (edited)

ChadN - Thank you for the great answer, i am thinking maybe after the approval of my FOID card, wait couple years than apply for CCL.. maybe..just maybe i can show the sheriff's department i'm a responsible person. But i will be more than ok with not having a CCL - like i said before though ideal for my travels on weekends - i think IMO just having a FOID is great.

 

Office Drone - I turned 18 a week before so no. But i was still in highschool. It was a school fight.

Edited by hyde_
Posted (edited)

You got three years to go before becoming age-eligible for a CCL. I'm assuming your parents signed your FOID application as guardians. Keep your nose clean until then (and afterwards, of course), assuming the last time you've done anything wrong was more than 5 years ago.

 

https://ccl4illinois.com/ccw/Public/Faq.aspx

 

The applicant must:
  • Be at least 21 years of age
  • Have a currently valid FOID card (if an Illinois resident)
  • Is not prohibited under federal law from possessing or receiving a firearm
  • 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
  • Submit a completed Concealed Carry License application
  • Successfully complete 16 hours of firearms training, including classroom and range instruction.
Edited by ChadN.
Posted

I also think that the act of applying for an FCCL could cause them to look more carefully at his record and that could get his FOID yanked....it has happened to several people that I am aware of that had FOIDs...applied for CCLs.....got denied for a CCL and got their FOID revoked at the same time.

Posted

as far as FOID goes it seems i'm at a decent chance for approval ( basing off of Elmer Fudd & ChadN. disclaimers considered) but if it gets denied, will the appeal process be simple as stating what has happened and some character references be enough?

I am expecting the worst.

Posted

Sorry to tell you that the appeals process for denied and revoked FOIDs is BRUTAL...it will take fifteen to eighteen months after you submit the appeal..and then if they deny and you have to file for an administrative hearing it is going to take an additional eighteen months.....unless it is a case of mistaken identity the ISP is horrible to deal with on FOID appeals....trust me I have expertise with it.

Posted

I would say hope for the best with your FOID. If you get it, then hire an attorney to get your record expunged. I think you have a pretty good argument to do so, considering it was a school fight and you've been clean ever since. I wouldn't try for a CCW until you've resolved the record part.

Posted

Convictions if I am not mistaken can only be sealed. They cannot be expunged. Only arrests and if the person was on supervision can that be expunged. ISP has said they will fight tooth and nail to deny any applicant that has been arrested for domestic violence, doesn't even have to end with a conviction. But Local Law Enforcement would most likely deny the applicant regardless of how many years the incident has happened. Several on this board have been placed under board review for things that were only an arrest and something that happened more than 10 years ago. Getting denied will end up costing several thousand dollars and as it stands right now, there is no due process so best to wait it out and get yourself a good attorney.

Posted

I recommend getting an expungment. Not because of FOID or FCCL.

 

One day you'll be applying for a dream job and the sweet life. Then comes the background check. With expungement, you can legally check "no" to criminal record questions.

Posted (edited)

I thought the Illinois State Police worked with the FBI database and well..technically nothing is really hidden when it comes to the FBI or the national database. so the expungement of my record would essentially be unnecessary for the FOID only ?? I'm not quite sure if i worded that right but haha i'm tried. also is there a way i can check the status of my FOID card?

 

once again Thank you for all the answers/replies.

Edited by hyde_
  • 3 weeks later...
  • 3 weeks later...
Posted
Apply for tour carry license then contact molly b on here. I have a student who had a felony and he got his carry lucense with some help. No court, no extra Money Just the right help from a sweet Little gal in SE Illinois.
Posted (edited)

thank you all

 

i actually have been working on my expungement so i hope that gets cleared soon

 

 

Apply for tour carry license then contact molly b on here. I have a student who had a felony and he got his carry lucense with some help. No court, no extra Money Just the right help from a sweet Little gal in SE Illinois.

 

I was actually going to wait because some members here told me my FOID might get revoked upon further inspection on my background... but if that is the case some help would be greatly appreciated

Edited by hyde_

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