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Foid/misdemeanor question


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#1 Billard

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Posted 22 February 2021 - 04:10 PM

I brought my brother-in-law with me to the LGS yesterday and he was pretty impressed by everything and was asking me about how you get a FOID card. Well it seemed pretty simple and like a closed case to me and I was going to help him sign up for it but then he mentioned "oh yeah when I was like 20 years old I got caught with a little bit of marijuana". Well I stopped everything in my tracks and told him i'm not sure you can now. I made him dig around and find his records,I guess he was never convicted but had Court supervision. It says the case was dismissed without adjudication of guilt and without the entry of the Judgment of conviction. It was misdemeanor possession of cannabis. Is he wasting his time and getting his hopes up or would he be able to still get his Foid?

#2 NRApistol

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Posted 22 February 2021 - 04:13 PM

He's good to go.  IF for some reason he was charged with a Felony and denied he MAY have to supply court records.  The worst that can happen is he will lose $11.  


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#3 MRE

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Posted 22 February 2021 - 04:28 PM

If it was a misdemeanor for a small amount, he might want to request a copy of his criminal history. Theres a (good) chance that record no longer exists. A large number of conviction records for small amounts of marijuana were to be automatically expunged as part of the legalization bill.

And, even if it wasnt expunged, the prohibitor for marijuana use is, I believe, one year.

Edited by MRE, 22 February 2021 - 04:29 PM.


#4 Billard

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Posted 22 February 2021 - 05:18 PM

Thanks for the fast replies!

No felonies on his record but what I was kind of concerned about (after quickly looking into it a tiny bit before coming here) was if you are convicted of a misdemeanor under the age of 21 you could get denied and that's the only info I found on it but he was never convicted and never plead guilty either, he only had court supervision and completed it to my knowledge. I'm not even sure if it went on his record or not to begin with since he never plead guilty and was never convicted and did his service, but just in case it did is what has me worried. This was back around 2010.

I just did not want him to waste months waiting, just for him to be denied, they ask him to prove himself innocent or go through the appeal process or whatever it may be as I know that would take up a lot more time and resources. I was just trying to know before hand if that would stay on your record if you were never convicted or plead guilty and if it did go on your record would that be a disqualifier or not.

Thank you and if anybody has any more input it's appreciated and I will definitely reply back to this thread when he does apply and we find out what they say!

#5 NRApistol

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Posted 22 February 2021 - 06:01 PM

The simple answer is: If he can answer "no" to all the questions when applying he is good to go.  Don't over think this.  He is only risking $11 to enjoy the frustration of waiting on his FOID to come in the mail. 

 

IF the ISP wants more info they will ask for it.  

 

Tell him welcome to the flock.


Edited by NRApistol, 22 February 2021 - 06:04 PM.

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#6 mauserme

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Posted 22 February 2021 - 06:13 PM

Thanks for the fast replies!

No felonies on his record but what I was kind of concerned about (after quickly looking into it a tiny bit before coming here) was if you are convicted of a misdemeanor under the age of 21 you could get denied and that's the only info I found on it but he was never convicted and never plead guilty either, he only had court supervision and completed it to my knowledge. I'm not even sure if it went on his record or not to begin with since he never plead guilty and was never convicted and did his service, but just in case it did is what has me worried. This was back around 2010.

I just did not want him to waste months waiting, just for him to be denied, they ask him to prove himself innocent or go through the appeal process or whatever it may be as I know that would take up a lot more time and resources. I was just trying to know before hand if that would stay on your record if you were never convicted or plead guilty and if it did go on your record would that be a disqualifier or not.

Thank you and if anybody has any more input it's appreciated and I will definitely reply back to this thread when he does apply and we find out what they say!


You twisted the legislative logic a bit.

The wording you're probably looking at would disqualify a person currently under age 21, who has been convicted of a misdemeanor other than a traffic offense.

 

This is different than being disqualified for a misdemeanor conviction when under age 21 even though the person is now older than age 21. That would amount to a lifetime prohibition which is not what the statute does.



#7 Euler

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Posted 22 February 2021 - 06:32 PM

... I was kind of concerned about ... if you are convicted of a misdemeanor under the age of 21 ...


I believe the only misdemeanors that would make anyone ineligible are domestic abuse or a certain number (5?) of DWIs within a 3-year period.

In any case, court supervision means that defendants don't have criminal records for their charges if they successfully complete the supervision.
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#8 Billard

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Posted 22 February 2021 - 08:00 PM

Thank you everybody! This is why I love this site. I usually find more helpful information floating around here than I do anywhere else.

You guys put his/our mind at ease and he is going to go ahead and apply now. I told him about the average 5 month wait though and that brought his happiness back down but hey what can ya do. I waited 179 days for a "simple" address change myself last year.

I also just found out today that becoming a supporting member means donating to help the cause. I thought it meant just posting and replying a lot, or I would have already done that. And you could also edit your posts. Boy do I feel dumb now and I am going to do that this upcoming monday when I get paid. I'm also going to try and be more active around here.

Thanks again everybody!




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