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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?


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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
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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
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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.

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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.

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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.

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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

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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.

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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.

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