NEED ASSISTANCE! I was denied FOID card

[CubsFan80]

I am new to the site and I am in need of assistance of what I should do. I applied for my FOID card in 2010 and was denied for a 1997 conviction for possession of firearm. This conviction occurred when I was 16 years old and I was tried and convicted as a juvenile in juvenile court. Fast forward 21 years later from that conviction and I want to try again to retrieve my FOID card. I havent had any convictions since that 1997 case.

 

Do I apply and check yes for felony conviction and if they deny (which they probably will), go through the appeal process?

Do I contact an attorney before applying?

 

I really dont need this expunged or sealed as it happened as a juvenile and employer cant see it or do I need to get this expunged to restore my rights?

 

Any advice anyone could give me will be greatly appreciated.

 

Thanks

[mkhalil61]

Was that arrest/conviction based out of Cook County?

[mic6010]

If you have a felony conviction on your criminal record you're not eligible to buy or posses a firearm in any state, let alone get a FOID card is this one. Yes it needs to be expunged if its not already. The people who issue FOID cards are the ISP, they are not an employer, they are the state police. Its gonna show up if its on your record.

 

Not sure how IL works but some serious juvenile crimes like a felonious firearm charge may not be able to be expunged. Seek actual legal consul would be my advice.

Edited February 20, 2018 at 12:02 AM by mic6010

[BobPistol]

Possession of a firearm? Was this UUW or AUUW? That law of simply having possession of a firearm was struck down as unconstitutional.

[CubsFan80]

Was that arrest/conviction based out of Cook County?

Yes it was.... I now live in Lake County

[CubsFan80]

Possession of a firearm? Was this UUW or AUUW? That law of simply having possession of a firearm was struck down as unconstitutional.

 

There was also a UUW charge but only the possession came up and was mentioned in the denial. I also retreive my juvenile record and only the possession comes up. Not really sure.

[Molly B.]

You want to check into having that conviction vacated. Some parts of the UUW and AUUW statutes have been ruled unconstitutional. If it can be vacated, that's the way to go because it will be like it never happened.

 

After that, you would file a "records correction" appeal for the FOID.

[Molly B.]

If it cannot be vacated, then you will need to file an appeal in circuit court in the county where you live.

[j_webster23]

I am new to the site and I am in need of assistance of what I should do. I applied for my FOID card in 2010 and was denied for a 1997 conviction for possession of firearm. This conviction occurred when I was 16 years old and I was tried and convicted as a juvenile in juvenile court. Fast forward 21 years later from that conviction and I want to try again to retrieve my FOID card. I havent had any convictions since that 1997 case.

 

Do I apply and check yes for felony conviction and if they deny (which they probably will), go through the appeal process?

Do I contact an attorney before applying?

 

I really dont need this expunged or sealed as it happened as a juvenile and employer cant see it or do I need to get this expunged to restore my rights?

 

Any advice anyone could give me will be greatly appreciated.

 

Thanks

Just as an update, I received my FOID Card in the mail two days after Valentine's Day. I was able to get my juvenile case expunged, that would have been considered a felony if I was an adult at the time it occurred. After I received my paperwork from the City of Chicago Police Dept, the Circuit Clerks Office and the State of Illinois Police confirming that they had complied with the judges orders; I applied for the FOID card. After speaking with an attorney and someone from the State Police Dept that could not give me advice on completing the application; but stated that an expungement by law means that its like it never happened. I then answered "No" to all of the questions on page 2, including #5. After 30 days of waiting, I received the FOID Card. (this all happened after being previously denied for that juvenile case that was never expunged.) I completed the process myself; and didn't have to file an appeal at all. While I know that every case is different; I would definitely advise completing completing the expungement process prior to reapplying.

[skinnyb82]

I would've vacated the damn thing. Dart uses expunged stuff for objections. Vacation would be most beneficial in the long run, but if you've weighed your options and decided expungement was the best route, okie doke. Congrats on being issued the FOID without having to brawl it out in a courtroom.