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Responding to CCL Review Board Request for Statement


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#241 Crane150

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Posted 01 December 2020 - 06:28 PM

Thank you for the info. Much appreciated.

#242 dbond

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Posted 09 December 2020 - 07:54 PM

Just wanted to share my story regarding my CCL renewal and an objection that was filed- In Oct 2019 I accidentally let my CCL expire and instead of renewing, had to start with a fresh application including classes, etc. I took my time and finally submitted my CCL renewal to the State in July (w/prints) my FOID is valid for another 5 years...

After several emails and voicemails I receive a letter stating there was an LEA objection which shocked me. My record is 100% clean and clear and I just had an ISP background check 2 weeks ago for the purchase of a new Glock for the range. Anyways, I found out what the objection was and it's literally ridiculous. 5 years ago I finished cleaning my new Glock 42 (conceal carry) after breaking it in at the range. Upon re-holstering into it's kydex sheath the gun discharged to my shock. In retrospect what happened was a freak occurrence: I was wearing a light jacket that had a bungee drawstring with plastic clamps on each side. The perfect storm took place when the black plastic circular clamp hanging on the cord seemingly wedged into the trigger guard as I was re-holstering and created enough force to essentially "pull" the trigger. Thankfully I always re-holster carefully with the barrel pointed away from me and towards the floor. There was 10 inches of concrete in my condo thankfully and a .380 barely made it through the inch of carpet lol. After the gun went off I figured I would play it safe and call 911 to report an accidental discharge in case any neighbors called in due to the loud noise. I found out later no one had called in (sounded like a door slamming to be honest) I told the dispatch operator what had happened, that I was the legal and registered owner of the firearm, and I was safe and the round had been accounted for. She thanked me for calling and said she doubted the police would want to stop by. Well... 10 minutes later 2 bozo CPD officers show up and ask to look around. I let them in and re-explain what happened. I showed them my FOID and CCL and they saw the round hadn't penetrated past the carpet. To my shock they put cuffs on me and told me I was being arrested for reckless discharge of a firearm! I couldn't believe it. They took me to the 18th district where the watch commander apologized to me for such a stupid arrest and told me I should never have been brought in. Several cops came by and asked if I was the guy who called the cops on myself, laughing. One Lt. told me that he knew I was a stand up  and honest guy trying to do the right thing by calling in and reporting the discharge, but that you should never, ever, call the police on yourself, even if you've committed no criminal act. He said no one else had called in to complain of a gun shot and if they had I should have told any responding officers I didn't know what they were talking about, etc. and not let them in-they would never bother trying to obtain a warrant if everything seemed OK. I swear to God he actually told me this. Another officer told me the cops at that district regularly discharge their firearms while holstering and re-holstering and they never write any of them up. Long story short, my case was dismissed by a judge who found the arrest ridiculous and my file was expunged- in fact I was later told I was never actually entered into the system or technically booked because the officer processing intake felt bad for me and thought it was NOT an arrestable offense at all. So, the objection stated "reckless discharge, individual accidentally fired gun into the floor" or something like that. I responded the the ISP online explaining what happened in full and the ridiculous nature of the objection but am wondering if I need to go through all the pain in the a** trouble of getting a copy of the report and trying to get it corrected/amended to properly reflect that it was in fact NOT a reckless discharge at all and no crime was committed. I was told to request a recording of the 911 call and open an internal affairs investigation if they are unwilling to help. My status is still showing under review as I just submitted my reply/response yesterday. Anyone here have any suggestions of how I should proceed? Thanks!


Edited by dbond, 09 December 2020 - 07:56 PM.


#243 Chicagocivilian

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Posted 11 December 2020 - 09:32 AM

I would definitely let the ISP know that there has been a few cases where police officers have shot their selves wearing that same jacket with the bungee. Google and youtube and you will see what I'm talking about.

Just wanted to share my story regarding my CCL renewal and an objection that was filed- In Oct 2019 I accidentally let my CCL expire and instead of renewing, had to start with a fresh application including classes, etc. I took my time and finally submitted my CCL renewal to the State in July (w/prints) my FOID is valid for another 5 years...
After several emails and voicemails I receive a letter stating there was an LEA objection which shocked me. My record is 100% clean and clear and I just had an ISP background check 2 weeks ago for the purchase of a new Glock for the range. Anyways, I found out what the objection was and it's literally ridiculous. 5 years ago I finished cleaning my new Glock 42 (conceal carry) after breaking it in at the range. Upon re-holstering into it's kydex sheath the gun discharged to my shock. In retrospect what happened was a freak occurrence: I was wearing a light jacket that had a bungee drawstring with plastic clamps on each side. The perfect storm took place when the black plastic circular clamp hanging on the cord seemingly wedged into the trigger guard as I was re-holstering and created enough force to essentially "pull" the trigger. Thankfully I always re-holster carefully with the barrel pointed away from me and towards the floor. There was 10 inches of concrete in my condo thankfully and a .380 barely made it through the inch of carpet lol. After the gun went off I figured I would play it safe and call 911 to report an accidental discharge in case any neighbors called in due to the loud noise. I found out later no one had called in (sounded like a door slamming to be honest) I told the dispatch operator what had happened, that I was the legal and registered owner of the firearm, and I was safe and the round had been accounted for. She thanked me for calling and said she doubted the police would want to stop by. Well... 10 minutes later 2 bozo CPD officers show up and ask to look around. I let them in and re-explain what happened. I showed them my FOID and CCL and they saw the round hadn't penetrated past the carpet. To my shock they put cuffs on me and told me I was being arrested for reckless discharge of a firearm! I couldn't believe it. They took me to the 18th district where the watch commander apologized to me for such a stupid arrest and told me I should never have been brought in. Several cops came by and asked if I was the guy who called the cops on myself, laughing. One Lt. told me that he knew I was a stand up  and honest guy trying to do the right thing by calling in and reporting the discharge, but that you should never, ever, call the police on yourself, even if you've committed no criminal act. He said no one else had called in to complain of a gun shot and if they had I should have told any responding officers I didn't know what they were talking about, etc. and not let them in-they would never bother trying to obtain a warrant if everything seemed OK. I swear to God he actually told me this. Another officer told me the cops at that district regularly discharge their firearms while holstering and re-holstering and they never write any of them up. Long story short, my case was dismissed by a judge who found the arrest ridiculous and my file was expunged- in fact I was later told I was never actually entered into the system or technically booked because the officer processing intake felt bad for me and thought it was NOT an arrestable offense at all. So, the objection stated "reckless discharge, individual accidentally fired gun into the floor" or something like that. I responded the the ISP online explaining what happened in full and the ridiculous nature of the objection but am wondering if I need to go through all the pain in the a** trouble of getting a copy of the report and trying to get it corrected/amended to properly reflect that it was in fact NOT a reckless discharge at all and no crime was committed. I was told to request a recording of the 911 call and open an internal affairs investigation if they are unwilling to help. My status is still showing under review as I just submitted my reply/response yesterday. Anyone here have any suggestions of how I should proceed? Thanks!



#244 dbond

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Posted 15 December 2020 - 11:44 AM

Thanks- I did just that in my objection response... We shall wait and see. ; )



#245 Crane150

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Posted 17 December 2020 - 09:59 PM

Okay here's a good one. Got my objection letter in the mail today. 2 arrests. 2010 and 2012. The first I was arrested for controlled substance and released without charges. The second was the same thing but the case was expunged, somehow they still have all the info.

Last but not least. They state an order of protection was filled in 2016 by my wife laylah. I didnt get married until 2017 and my wife's name is Stephanie! Never been married before that... Never had an OOP or any domestic problem.

I have no excuses about the dumb stuff in college, but have been clean and sober since 2012. Should I send my expungement document in with my response? Or is that just more they can dig up having the case number that should be "expunged"

What do I do about the FAKE order of protection from a girl's name I've never heard of before!!!

Thank you for any advice.

#246 Bubbacs

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Posted 18 December 2020 - 01:17 AM

Just a guess.....Your Name = Someone else Name

It has happened



#247 Crane150

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Posted 18 December 2020 - 09:59 AM

Thank you for the reply... But I do not have a name that is easily mixed up.

Anyone has some advice on how to handle the false order of protection charge I would be very thankful. As I only have a few days to put this together.

#248 Molly B.

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Posted 18 December 2020 - 06:09 PM

Back in the opening post of this topic are some helpful suggestions.  About inaccurate info in the objection: if it is not accurate, you should specifically address this in your response to the board.

 

Challenge the information about the OP and explain just as you have here.  "I challenge the accusation of being under an order of protection - ever.  I did not have an order of protection filed in 2016 by anyone named laylah. I don't know anyone by the name of laylah. I didn't get married until 2017 and my wife's name is Stephanie."


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#249 Chicago2963

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Posted 21 December 2020 - 04:34 PM

Quick update. My response refuting CPD's objection was successful and my CCL was issued 12/15. Thanks for the help!



#250 Molly B.

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Posted 21 December 2020 - 04:43 PM

Quick update. My response refuting CPD's objection was successful and my CCL was issued 12/15. Thanks for the help!

Fantastic!  Congratulations!


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#251 chitwnenglwood

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Posted 19 April 2021 - 04:26 PM

How do I request more time from review board

#252 Molly B.

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Posted 19 April 2021 - 09:15 PM

If it has not changed recently, you would call this number.  Leave a message with your full legal name, date of birth, FOID number and ask for 30 additional days.  Also ask for confirmation of your request.

 

Executive Director / Chief Legal Counsel

Illinois Concealed Carry Licensing Review Board

312/793-0757


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#253 Timmytoby84

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Posted 13 May 2021 - 02:59 PM

I've been under review for over 230 days now. I just took to some forums attempting to find info on how to speed up the process. I called ISPFSB last week and they said they had all the info they needed and would mention to higher ups I've waited so long and they would get to it. I live in Champaign county and just learned about LEA objections due to arrests. I've started working on expungement now I'm aware of that problem but it maybe too late. In 2011 I was arrested for Aggravated battery but the case was dismissed. It was a complete false accusation and there were surveillance cameras in the area proving it and my accuser admitted they lied. I tried getting court documents but I was told it was so long ago the attorneys on the case are long gone and all the evidence. Now I'm pretty sure my CCL application will go to the review board and it'll take even longer. Any advice on what to do in order to speed up the process if that happens? What would be the best way to go about responding to the board? Will expungement be pointless at this point? My attorney wants $500 to file the paperwork plus $120 filing fee and it's gonna take months. I also have two misdemeanor convictions from 2002 and 2003 for consumption of alcohol as a minor and possession of cannabis. Thoughts?    



#254 Molly B.

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Posted 13 May 2021 - 03:23 PM

 Any advice on what to do in order to speed up the process if that happens? What would be the best way to go about responding to the board? Will expungement be pointless at this point? My attorney wants $500 to file the paperwork plus $120 filing fee and it's gonna take months. I also have two misdemeanor convictions from 2002 and 2003 for consumption of alcohol as a minor and possession of cannabis. Thoughts?    

 

Not any way to speed up the process with the review board if you end up there.  I suggest holding on and see if you end up there.

If you do, there is some good info here: https://illinoiscarr...ic=66414&page=1


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#255 FredNickl

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Posted 20 May 2021 - 08:58 AM

Don't bother spending a dime on expungement. It can help you for employment purposes, etc. but absolutely worthless for CCL purposes.

 

I've been under review for over 230 days now. I just took to some forums attempting to find info on how to speed up the process. I called ISPFSB last week and they said they had all the info they needed and would mention to higher ups I've waited so long and they would get to it. I live in Champaign county and just learned about LEA objections due to arrests. I've started working on expungement now I'm aware of that problem but it maybe too late. In 2011 I was arrested for Aggravated battery but the case was dismissed. It was a complete false accusation and there were surveillance cameras in the area proving it and my accuser admitted they lied. I tried getting court documents but I was told it was so long ago the attorneys on the case are long gone and all the evidence. Now I'm pretty sure my CCL application will go to the review board and it'll take even longer. Any advice on what to do in order to speed up the process if that happens? What would be the best way to go about responding to the board? Will expungement be pointless at this point? My attorney wants $500 to file the paperwork plus $120 filing fee and it's gonna take months. I also have two misdemeanor convictions from 2002 and 2003 for consumption of alcohol as a minor and possession of cannabis. Thoughts?    


Edited by FredNickl, 20 May 2021 - 08:59 AM.

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#256 MRE

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Posted 28 May 2021 - 09:20 AM

Don't bother spending a dime on expungement. It can help you for employment purposes, etc. but absolutely worthless for CCL purposes.
 

I've been under review for over 230 days now. I just took to some forums attempting to find info on how to speed up the process. I called ISPFSB last week and they said they had all the info they needed and would mention to higher ups I've waited so long and they would get to it. I live in Champaign county and just learned about LEA objections due to arrests. I've started working on expungement now I'm aware of that problem but it maybe too late. In 2011 I was arrested for Aggravated battery but the case was dismissed. It was a complete false accusation and there were surveillance cameras in the area proving it and my accuser admitted they lied. I tried getting court documents but I was told it was so long ago the attorneys on the case are long gone and all the evidence. Now I'm pretty sure my CCL application will go to the review board and it'll take even longer. Any advice on what to do in order to speed up the process if that happens? What would be the best way to go about responding to the board? Will expungement be pointless at this point? My attorney wants $500 to file the paperwork plus $120 filing fee and it's gonna take months. I also have two misdemeanor convictions from 2002 and 2003 for consumption of alcohol as a minor and possession of cannabis. Thoughts?

Thats not necessarily 100% accurate. An actual expungement, meaning all records are wiped and shredded, will absolutely help. In fact its an express avenue under Federal law to restoration of firearms rights. The catch that most people miss is, in Illinois most expungements arent actually expungements, but a sealing, which law enforcement would still have access to.

Edited by MRE, 28 May 2021 - 09:21 AM.


#257 FredNickl

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Posted 28 May 2021 - 10:27 AM

 

Don't bother spending a dime on expungement. It can help you for employment purposes, etc. but absolutely worthless for CCL purposes.
 

I've been under review for over 230 days now. I just took to some forums attempting to find info on how to speed up the process. I called ISPFSB last week and they said they had all the info they needed and would mention to higher ups I've waited so long and they would get to it. I live in Champaign county and just learned about LEA objections due to arrests. I've started working on expungement now I'm aware of that problem but it maybe too late. In 2011 I was arrested for Aggravated battery but the case was dismissed. It was a complete false accusation and there were surveillance cameras in the area proving it and my accuser admitted they lied. I tried getting court documents but I was told it was so long ago the attorneys on the case are long gone and all the evidence. Now I'm pretty sure my CCL application will go to the review board and it'll take even longer. Any advice on what to do in order to speed up the process if that happens? What would be the best way to go about responding to the board? Will expungement be pointless at this point? My attorney wants $500 to file the paperwork plus $120 filing fee and it's gonna take months. I also have two misdemeanor convictions from 2002 and 2003 for consumption of alcohol as a minor and possession of cannabis. Thoughts?

Thats not necessarily 100% accurate. An actual expungement, meaning all records are wiped and shredded, will absolutely help. In fact its an express avenue under Federal law to restoration of firearms rights. The catch that most people miss is, in Illinois most expungements arent actually expungements, but a sealing, which law enforcement would still have access to.

 

I disagree. An order for expungement is an order for expungement. An order to seal is an order to seal. What a person THINKS they obtained may indeed be different from what they actually received. However, expungement does not mean what most people think it means. The Criminal Identification Act is complex. See 20 ILCS 2630/12 as an example that muddies the waters. More importantly, state agencies like IDFPR have full access to your history even if you expunged it. Try applying for a nurse license, for example. You will receive a deficiency notice listing the date, the charge, and the arresting agency for everything you ever had expunged, and will be asked to explain yourself (of course, there are statutes that prohibit them from using the mere facts of arrest from denying you the license, but they are fishing to see if there is a related problem like dishonesty or substance abuse). Likewise, CPD often shows expunged arrest dates on rap sheets. I stand by my advice that expunging an arrest will NOT result in that arrest staying off any law enforcement objection to the CCLRB, and will NOT prevent the CCLRB from asking you to explain that expunged arrest. Replying that "I expunged it, not fair!" does not seem to work. Therefore, I recommend you save the $ spent on expungement if your only desire is to make the CCL application process easier on yourself.


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#258 MRE

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Posted 28 May 2021 - 12:32 PM

Which is why I said that most expungements in Illinois are in effect actually just sealing. An expungement in Illinois isnt necessarily the same as an expungement in other states, but an expungement is an Avenue for relief for purposes of Federal firearms rights restoration, if done correctly. There are, however, cases where an expungement is an actual expungement where records are destroyed and cannot be considered for licensing purposes. See the marijuana legalization.

And I can tell you that ISP absolutely considers whether, and to what extent, a record has been expunged when determining foid and ccl eligibility. Especially in conjunction with old pardons that may not be clear on their face as to intent when it comes to firearms rights restoration. Whether it will be useful for a persons individual circumstance is best left to their and their attorneys analysis and determination.

Edited by MRE, 28 May 2021 - 12:42 PM.


#259 FredNickl

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Posted 28 May 2021 - 12:39 PM

Which is why I said that most “expungements” in Illinois are in effect actually just sealing. There are, however, cases where an expungement is an actual expungement where records are destroyed and cannot be considered for licensing purposes. See the marijuana legalization.

I'm not sure why an order for expungement would be treated as an order to seal unless the circuit court got it wrong because the petitioner was not legally entitled to expungement, but in those cases, ISP can intervene via motion.

In the end, even if the records are "destroyed" as the statute calls for, law enforcement and state agencies have access to them. I have tried to find out how this can occur (on my own, not being paid, so it's been hit or miss), but I have no definitive answer yet. For this reason, I never recommend someone commit resources to expungement prior to CCL application, unless they just want to spend $ and/or want a belt & suspenders approach.


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#260 Timmytoby84

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Posted 15 June 2021 - 10:41 PM

Well I'm going to expunge but I don't think it will matter much. Over 260 days and it still says under review. Called them like 5 weeks ago and they said they had everything they needed. Is there someone else I can reach out to at this point?

 



#261 Molly B.

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Posted Yesterday, 07:56 AM

 

Which is why I said that most “expungements” in Illinois are in effect actually just sealing. There are, however, cases where an expungement is an actual expungement where records are destroyed and cannot be considered for licensing purposes. See the marijuana legalization.

I'm not sure why an order for expungement would be treated as an order to seal unless the circuit court got it wrong because the petitioner was not legally entitled to expungement, but in those cases, ISP can intervene via motion.

In the end, even if the records are "destroyed" as the statute calls for, law enforcement and state agencies have access to them. I have tried to find out how this can occur (on my own, not being paid, so it's been hit or miss), but I have no definitive answer yet. For this reason, I never recommend someone commit resources to expungement prior to CCL application, unless they just want to spend $ and/or want a belt & suspenders approach.

 

I have seen cases where a person hires an attorney to expunge their record, thinks they paid for expunge, finds out later just sealed . . . maybe the clients didn't understand the difference between expunge and seal.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#262 Timmytoby84

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Posted Yesterday, 12:22 PM

 

 

Which is why I said that most “expungements” in Illinois are in effect actually just sealing. There are, however, cases where an expungement is an actual expungement where records are destroyed and cannot be considered for licensing purposes. See the marijuana legalization.

I'm not sure why an order for expungement would be treated as an order to seal unless the circuit court got it wrong because the petitioner was not legally entitled to expungement, but in those cases, ISP can intervene via motion.

In the end, even if the records are "destroyed" as the statute calls for, law enforcement and state agencies have access to them. I have tried to find out how this can occur (on my own, not being paid, so it's been hit or miss), but I have no definitive answer yet. For this reason, I never recommend someone commit resources to expungement prior to CCL application, unless they just want to spend $ and/or want a belt & suspenders approach.

 

I have seen cases where a person hires an attorney to expunge their record, thinks they paid for expunge, finds out later just sealed . . . maybe the clients didn't understand the difference between expunge and seal.

 

Spoke to an attorney today and he mentioned that all the 3rd party background check companies don't have an obligation to delete records. A simple google search and $12.95 and you can get all the background info on anybody even if they had court expungement and record sealing. He said don't waste my money, just have a good argument and a success story about how you overcame your past.  



#263 FredNickl

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Posted Yesterday, 12:29 PM

Spoke to an attorney today and he mentioned that all the 3rd party background check companies don't have an obligation to delete records. A simple google search and $12.95 and you can get all the background info on anybody even if they had court expungement and record sealing. He said don't waste my money, just have a good argument and a success story about how you overcame your past.  

 

This is what I've been telling folks for at least a decade. Unless they have a specific reason to need expungement like for employment purposes, expungement does not help remove anything from online sites.


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