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Can an arrest record, without convictions, keep someone from a license?


vito

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One of my son's just signed up for a CCW class (he has had a FOID for a few years) and I was wondering what the likelihood is that he might be denied approval based upon having a record of having been arrested twice, but neither time resulted in a conviction, or even a trial. It will be another 6 months before he reaches the time needed to request expungement of his criminal record to eliminate those arrests from showing up on a criminal background search. I hate to see him spend the money for the class and for the application for a CCW if it will be stopped due to those arrests.

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Maybe yes, maybe no, lots of factors that could come into play.

 

I know someone that after years of having a FOID was all the sudden denied upon renewal because of an arrest in the 60s for a disqualifying crime popped up in the ISP database. The ISP put the burden of proof on that person to prove they were not convicted of the crime before they would re-issue the FOID as the ISP records only showed the arrest and charges, not the resolution and they assumed a conviction.

 

And there are no shortage of people on the other side that have been arrested for disqualifying crimes but were never convicted that have zero issues.

 

As said for the CCL, that is another bundle of problems as objections even for an arrest and no conviction can put forward by local law enforcement.

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The domestic will likely draw attention and prevent approval. I am surprised he even has a valid FOID.

 

Yeah, that is odd his FOID should have been suspended when the domestic charges were levied.

 

But that brings up another quesiton, in IL there is no waiting period to seal/expunge an arrest that didn't end in a conviction, so I'm a little confused about the fact that the OP said his son needs to wait 6 more months.

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Do as Molly says. If i deed he has to wait 6 months before he can expunge then wait. Get everything cleaned up and then do a background check after waiting a month or two at least. to make sure its all cleared. They dont just magically press a button to clear the records. There is an outdated process and a timeframe for them to clear it out.

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The domestic will likely draw attention and prevent approval. I am surprised he even has a valid FOID.

Being accused of a crime is not the same thing as being guilty of it.
Tell that to the authoritive evaluating your application. Domestic arrests are viewed different related to firearms regardless of conviction.

Probable cause and convictions are wildly different. I'll leave it at that.

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I don't know if he'd be objected to, but the law says:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39

B) If an applicant has 5 or more arrests for any reason, that have been entered into the Criminal History Records Information (CHRI) System, within the 7 years preceding the date of application for a license, or has 3 or more arrests within the 7 years preceding the date of application for a license for any combination of gang-related offenses, the Department shall object and submit the applicant's arrest record to the extent the Board is allowed to receive that information under State and federal law, the application materials, and any additional information submitted by a law enforcement agency to the Board.

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I don't know if he'd be objected to, but the law says:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39

:cool: If an applicant has 5 or more arrests for any reason, that have been entered into the Criminal History Records Information (CHRI) System, within the 7 years preceding the date of application for a license, or has 3 or more arrests within the 7 years preceding the date of application for a license for any combination of gang-related offenses, the Department shall object and submit the applicant's arrest record to the extent the Board is allowed to receive that information under State and federal law, the application materials, and any additional information submitted by a law enforcement agency to the Board.

 

 

More importantly this.

 

 

 

( a ) Any law enforcement agency may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.

 

"reasonable suspicion" gives a broad latitude to police to lawfully object, even less than probable cause! Reasonable suspicion is basically anything supported by any evidence beyond just a hunch, thus an arrest even with no conviction could easily rises to the level of reasonable suspicion. I don't agree with it one bit, but we compatulated to silliness like this when passing the CC law. As far as Im concerned anyone denied because of an objection without a conviction is a clear civil rights violation!

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I don't know if he'd be objected to, but the law says:https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39

:cool: If an applicant has 5 or more arrests for any reason, that have been entered into the Criminal History Records Information (CHRI) System, within the 7 years preceding the date of application for a license, or has 3 or more arrests within the 7 years preceding the date of application for a license for any combination of gang-related offenses, the Department shall object and submit the applicant's arrest record to the extent the Board is allowed to receive that information under State and federal law, the application materials, and any additional information submitted by a law enforcement agency to the Board.

 

More importantly this.

 

 

( a ) Any law enforcement agency may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.

 

"reasonable suspicion" gives a broad latitude to police to lawfully object, even less than probable cause! Reasonable suspicion is basically anything supported by any evidence beyond just a hunch, thus an arrest even with no conviction could easily rises to the level of reasonable suspicion. I don't agree with it one bit, but we compatulated to silliness like this when passing the CC law. As far as Im concerned anyone denied because of an objection without a conviction is a clear civil rights violation!

I agree.

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