hyde_ Posted August 15, 2014 at 03:59 PM Posted August 15, 2014 at 03:59 PM Hello, this is my first post, i'm very new to this sitei have a couple questions regarding approval of my foid cardi 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.
BIGDEESUL Posted August 15, 2014 at 04:03 PM Posted August 15, 2014 at 04:03 PM (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 August 15, 2014 at 04:04 PM by BIGDEESUL
Elmer Fudd Posted August 15, 2014 at 04:09 PM Posted August 15, 2014 at 04:09 PM 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.
hyde_ Posted August 15, 2014 at 04:31 PM Author Posted August 15, 2014 at 04:31 PM (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 August 15, 2014 at 04:31 PM by hyde_
BIGDEESUL Posted August 15, 2014 at 04:32 PM Posted August 15, 2014 at 04:32 PM Lol sorry, I misread your post. I thought you said you're new to this state, not new to this site. Lol Yeah, that may be a problem.
hyde_ Posted August 15, 2014 at 04:38 PM Author Posted August 15, 2014 at 04:38 PM it happened more than 5 years ago? so i marked No on all the questions considering it wasn't a felony... oh man...
McCroskey Posted August 15, 2014 at 05:53 PM Posted August 15, 2014 at 05:53 PM Were you a minor when it happened?
ChadN. Posted August 15, 2014 at 06:16 PM Posted August 15, 2014 at 06:16 PM (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 August 15, 2014 at 06:26 PM by ChadN.
hyde_ Posted August 15, 2014 at 07:38 PM Author Posted August 15, 2014 at 07:38 PM (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 August 15, 2014 at 07:40 PM by hyde_
ChadN. Posted August 15, 2014 at 08:09 PM Posted August 15, 2014 at 08:09 PM (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 ageHave a currently valid FOID card (if an Illinois resident)Is not prohibited under federal law from possessing or receiving a firearmHave 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 years2 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 yearsNot be the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualificationNot have been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the last 5 yearsSubmit a completed Concealed Carry License applicationSuccessfully complete 16 hours of firearms training, including classroom and range instruction. Edited August 15, 2014 at 08:17 PM by ChadN.
BIGDEESUL Posted August 15, 2014 at 08:46 PM Posted August 15, 2014 at 08:46 PM I think he meant he turned 18 a week before the incident he was charged for.
ChadN. Posted August 15, 2014 at 08:55 PM Posted August 15, 2014 at 08:55 PM Yep you're right BigD, lost context as I didn't read officedrone's post.
Elmer Fudd Posted August 15, 2014 at 09:22 PM Posted August 15, 2014 at 09:22 PM 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.
hyde_ Posted August 15, 2014 at 10:51 PM Author Posted August 15, 2014 at 10:51 PM 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.
Elmer Fudd Posted August 15, 2014 at 11:45 PM Posted August 15, 2014 at 11:45 PM 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.
McCroskey Posted August 15, 2014 at 11:53 PM Posted August 15, 2014 at 11:53 PM 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.
marathonrunner Posted August 16, 2014 at 01:09 AM Posted August 16, 2014 at 01:09 AM 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.
BobPistol Posted August 16, 2014 at 04:25 PM Posted August 16, 2014 at 04:25 PM 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.
hyde_ Posted August 18, 2014 at 03:00 PM Author Posted August 18, 2014 at 03:00 PM (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 August 18, 2014 at 03:01 PM by hyde_
hyde_ Posted September 2, 2014 at 10:56 PM Author Posted September 2, 2014 at 10:56 PM i got it!!!! my foid card was issued!I just received it today, i coudn't be any happier
protean Posted September 2, 2014 at 11:39 PM Posted September 2, 2014 at 11:39 PM Congrats on your FOID Hyde!
ChadN. Posted September 19, 2014 at 09:13 PM Posted September 19, 2014 at 09:13 PM i got it!!!! my foid card was issued!I just received it today, i coudn't be any happier Congrats, expungement should be up next!
BobPistol Posted September 19, 2014 at 11:03 PM Posted September 19, 2014 at 11:03 PM Congrats! Now, your mission, should you decide to accept it, is to go for expungement.
Drylok Posted September 20, 2014 at 01:53 PM Posted September 20, 2014 at 01:53 PM 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.
hyde_ Posted September 26, 2014 at 05:49 PM Author Posted September 26, 2014 at 05:49 PM (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 September 26, 2014 at 05:49 PM by hyde_
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