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I'm curious about 20+ year old felonies. I posted a couple a weeks ago that I've applied for my card but have a record from 30yrs ago. I'm not 100% sure if they're felonies so I applied to see what would happen. I'm still waiting for an answer but, it was mentioned in a reply to my post that anything over 20 years shouldn't hold me up on getting card. So my question is, has anyone received a foid card without having to appeal that had something on there record from that long ago.

 

 

Edited by Frank1
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The State Police have Guidelines that they follow. So unfortunately if you have a Felony Conviction, even if it’s from 50 years ago. Most likely you will be denied a FOID. The easiest way for you to find out what’s on your record is to visit the Main Courthouse in the County that your arrest occurred And Purchase a copy of your CBR. If you do find that you have a felony conviction that old, I would suggest too you to contact Molly B. In this forum and also do your own research on Gun Rights Restoration! If it’s been over 20 years and you haven’t had any Police trouble then you may have options. A Pardon from the Governor is fail proof if You can be granted one. But I’m just a guy who knows a little, seek out true counsel from attorneys at law... Good luck to you!
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If you applied, sit back and see what happens

The stress can be worse than the normal (if there is such a thing) wait time

All the things you will or will not need to do IF denied can be done then and will not speed the process up right now.

 

Start doing some reading here at IC about the good news people have had and the long waits other have gotten.

Pick a thread at the top and start reading front to back and get acquainted with the ins and outs.

Lots of great information in here. But most people are showing up and not reading and then start getting all stressed out.

 

Grab a beer, maybe a good cigar, watch some sports, eat some ribs

There’s no crystal ball with the answers you are seeking, but there are loads of references as to how others have proceeded!

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Felonies unless expunged, pardoned or judicially overturned are forever. Depending on the reason for the background check, felonies may not appear after a certain time. But for guns the only ones that will not show are those removed as above or never got digitized from old paper, but they do exist and can be found if their source is known.

 

 

^ this ***

Edited by lockman
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First, how do you know they're felonies? Have you checked your record? Go to the county or city where you were arrested and ask the police for a copy of your record.

Bob, do you have any experience with this? I do. He has already submitted the application. There is NOTHING he can do until the ISP replies to the application, NOTHING. No matter what his record is he must wait on the ISP reply. EVERYTHING else is a waste of his time.

 

To the OP. You will get a lot of "expert" advice here. Choose any answer you want but reality is, you have started the process and you must wait it out. Every time you alter the process the waiting period starts all over again.

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Thanks for the replies guys. No I don’t remember if they were felonies. 1 was a drug charge and the other I believe was some kind of theft but they were not violent, and in cook county Illinois. I can’t believe I can’t remember many details. Haven’t thought much about this over the years. No trouble since then not even a speeding ticket. It’s been 3 weeks today since I applied so I’ll just wait and see what they say. And then go from there.
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I has several felonies as a juvenile in the 80’s and have had a foid over 20 years now.when I applied for my ccl I kinda started freaking out. About it so I went to a print place and had them run my prints to see what showed up and within a week I got the report I’m the mail from the ISP and it was all clear I believe the prints were called access and review and it cost $40 I used biometric impressions in Aurora
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First, how do you know they're felonies? Have you checked your record? Go to the county or city where you were arrested and ask the police for a copy of your record.

Bob, do you have any experience with this? I do. He has already submitted the application. There is NOTHING he can do until the ISP replies to the application, NOTHING. No matter what his record is he must wait on the ISP reply. EVERYTHING else is a waste of his time.

 

To the OP. You will get a lot of "expert" advice here. Choose any answer you want but reality is, you have started the process and you must wait it out. Every time you alter the process the waiting period starts all over again.

 

 

So what you are saying is that the OP should not check his criminal record in Cook County at all. Just sit and twiddle his thumbs helplessly.

 

If he checks his record and sees no felonies, then he's good and can stop worrying.

If he checks his record and sees a felony, he can start researching expungement or sealing programs.

 

Telling someone to sit on their butt and do nothing is not productive.

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First, how do you know they're felonies? Have you checked your record? Go to the county or city where you were arrested and ask the police for a copy of your record.

Bob, do you have any experience with this? I do. He has already submitted the application. There is NOTHING he can do until the ISP replies to the application, NOTHING. No matter what his record is he must wait on the ISP reply. EVERYTHING else is a waste of his time.

 

To the OP. You will get a lot of "expert" advice here. Choose any answer you want but reality is, you have started the process and you must wait it out. Every time you alter the process the waiting period starts all over again.

 

 

So what you are saying is that the OP should not check his criminal record in Cook County at all. Just sit and twiddle his thumbs helplessly.

 

If he checks his record and sees no felonies, then he's good and can stop worrying.

If he checks his record and sees a felony, he can start researching expungement or sealing programs.

 

Telling someone to sit on their butt and do nothing is not productive.

 

Nor is giving useless advice. It may or may not give him peace of mind. It WILL NOT change want he has started. He MUST wait on the ISP reply before he can do anything else. Sending someone on a wild goose chase is not productive. I've walked the walk, have you or is it just YOUR opinion?

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Taking the OP specifics out of the question and talking felonies and prohibited gun ownership in general, can being convicted of an IL felony not cause prohibition at the Federal side of things per the ATF item below?

 

...ATF Questions...

Prohibited Persons/NICS Denials:

1. I have been convicted of a felony. How do I reinstate my rights to possess a firearm?

 

Persons who have been convicted of a crime punishable by imprisonment for a term exceeding

one year, as defined by 18 U.S.C. § 921(a)(20), are prohibited from receiving or possessing

firearms under Federal law, 18 U.S.C. § 922(g)(1).

Felons whose convictions have been set-aside or expunged, or for which the person has been pardoned or has had civil rights restored are not considered convicted under section 922(g)(1), unless that person was expressly prohibited by the law of the jurisdiction in which the proceedings were held from possessing firearms. Persons convicted of a State offense should contact the State Attorney Generals Office in the State in which they reside and the State of the conviction for information concerning State and local firearms restrictions, and any alternatives that may be available, such as a gubernatorial pardon or civil rights restoration. A list of State Attorney General contact numbers may be found at http://www.naag.org/.

 

If your conviction is for a Federal offense, you would regain the ability to lawfully receive, possess, or transport firearms if you receive a Presidential pardon. You can find additional information about such pardons by contacting the Office of the Pardon Attorney online at

www.usdoj.gov/pardon/.

The GCA includes a provision that gives ATF authority to grant relief from Federal firearms disabilities. 18 U.S.C. § 925©. However, since 1992, ATFs annual Congressional appropriation has prohibited ATF from expending any funds to investigate or act upon

applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in ATF appropriations, ATF cannot act upon such applications for relief...

Edited by InterestedBystander
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  • 3 weeks later...

Is there anything a person whose felonies have been expunged or sealed needs to do to obtain a FOID or ccl?

 

Apply? Maybe check you record to see what comes up (ISP let's you run background checks for a fee I believe, or at least used to - can't find the link just now, so another option is a FOIA request on records about yourself). Perhaps avoid applying via the locality where you received the felony or where it was processed, someone may have a memory or access to a local database that wasn't expunged and then file an objection on the CCL. Try the FOID first, it's cheaper.

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Found the background links: https://isp.illinois.gov/BureauOfIdentification/BackgroundChecks

Check out the quicklinks to the right.

 

Quote from the link:

 

"On January 1, 1991, the Uniform Conviction Information Act (UCIA) became law in Illinois. This act mandates that all criminal history record conviction information collected and maintained by the Illinois State Police, Bureau of Identification, be made available to the public pursuant to 20 ILCS 2635/1 et seq. This law permits only conviction information to be disseminated to the public."

 

Good luck.

Edited by carry
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Is there anything a person whose felonies have been expunged or sealed needs to do to obtain a FOID or ccl?

Be aware, two different things...

 

..."Expungement and sealing are two different options that remove records from public view. Expungement erases the record so that it's like it never happened. Sealing means that it is just hidden from most of the public's view, but certain agencies and employers can still see it"...

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