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Can a few arrest (resulted in no convictions) hurt my chances of obtaining a foid card?


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At the end of this month, I have a court date in front of the judge as to whether or not he will grant my request to expung and seal up my criminal record. I just received a response from the state police regarding my request and they only object to one offense which resulted in a conviction and that was for "public drinking", a misdemeanor. Will I be denied a foid card if I can't expunge and seal this misdemeanor conviction?

 

I previously had a felony AUUW conviction vacated but it still shows up in my arrest history along with a few other times I was taken downtown. If my 'expunged and sealed' request is denied, can my arrests be used against me even if they didn't result in a conviction?

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The answer to your question depends on a number of factors. Chief among them is how long since the conviction? Also, were you ordered to attend any form of substance abuse program.

 

Not sure about the FOID, but for a FCCL, 5 or more arrests for any reason in the last 7 years is an automatic disqualification. While one should not be an issue, and a non-violent misdemeanor should not either, if local or county law enforcement try to turn it into an issue of substance abuse, you may be dealing with an objection.

 

It is entirely possible that this is not regarded as an issue. The felony AUUW conviction would most certainly be a problem, so having it vacated and expunged will certainly move you in the right direction. Hopefully you can get everything on your record expunged. I wish you the best of luck!

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Never been arrested for drugs and my last arrest was the public drinking offense, that was 7 years ago. I was able to vacate my felony charge with all the help I received for this site. Truly thankful for the amount of help I received. And I believe I might have trouble getting approval from Cdp because the main officer that use to target me is now a Sargent! I have videos of him harassing me, after the video incident, he passed out my mugshot during roll call and had the whole district looking for me! They really wanted to do a number on me, wouldn't be the first time either.
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5 arrests in 7 years is not a disqualification....it just means you go to the Board

True, it is grounds for objection by ISP, not necessarily grounds for rejecting the application. Fingers moving faster than my brain today.

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At the end of this month, I have a court date in front of the judge as to whether or not he will grant my request to expung and seal up my criminal record. I just received a response from the state police regarding my request and they only object to one offense which resulted in a conviction and that was for "public drinking", a misdemeanor. Will I be denied a foid card if I can't expunge and seal this misdemeanor conviction?

 

I previously had a felony AUUW conviction vacated but it still shows up in my arrest history along with a few other times I was taken downtown. If my 'expunged and sealed' request is denied, can my arrests be used against me even if they didn't result in a conviction?

 

 

If you have had a conviction vacated by a judge than you could file for expungement on that case. Plus if the other cases you are talking about resulted in no conviction than those can also be expunged and removed of your record.

 

My opinion to you is first go to 35th and Michigan (Chicago Police Headquarters) and get fingerprinted to obtain your state and local rap sheet (have to go before 12pm to get finger printed). You will then be able to go pick up your rap sheet a week later. Once you get your rap sheet you could figure out the dispositions for each of your arrests or whether or not you have any convictions. Any arrest on that list that has not resulted in a conviction can and should be expunged unless you have had supervision and in that case you must wait at least 2 years from termination (depending on the case) before you could expunge it. Regardless, this is what I would do if I were you,

 

Good luck!

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  • 1 month later...

Expunge everything related to the felony. Expunge the arrests if there are no charges with a conviction attached. Wipe it clean as you possibly can. The SA COULD object to an expungement of your vacated AUUW, but it wouldn't go anywhere since it was vacated. Same with arrests. They CAN object to expungement but that won't hold water either as an arrest with the charges nol prossed or any other disposition other than conviction (DUI supervision is a conviction, can't be expunged, but supervision can in most cases) is just an arrest, SA didn't have enough to charge and have it hold up.

 

Sent from my VS987 using Tapatalk

 

 

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The answer to your question depends on a number of factors. Chief among them is how long since the conviction? Also, were you ordered to attend any form of substance abuse program.

 

Not sure about the FOID, but for a FCCL, 5 or more arrests for any reason in the last 7 years is an automatic disqualification. While one should not be an issue, and a non-violent misdemeanor should not either, if local or county law enforcement try to turn it into an issue of substance abuse, you may be dealing with an objection.

 

It is entirely possible that this is not regarded as an issue. The felony AUUW conviction would most certainly be a problem, so having it vacated and expunged will certainly move you in the right direction. Hopefully you can get everything on your record expunged. I wish you the best of luck!

You can't expunge convictions if no supervision was ordered...only seal them.

Edited by WARFACE
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There are numerous offenses for which supervision can be used, yet are not expungeable. DUI, reckless driving if it was plead down from DUI, and uh well some sex offenses. Two big ones are DUI and reckless. Can't expunge, can't seal. But any arrests that didn't result in a conviction or a plea of guilty can definitely be expunged right now.

 

Sent from my VS987 using Tapatalk

 

 

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