Expungement help

[churchmouse]

Have him research how to obtain a background check in the state where the incident/charges occurred. Sometimes you can get them straight from the government, sometimes you have to find a company that specializes in background checks.

I have a hard time believing that he doesn't remember where he was or what he was charged with, though. Seems like the kind of thing you'd pay attention to.

Bingo.
On all counts. I remember pretty much every encounter I have ever had with the system. What when and where and yes I was at one point in my life not so reliable.

 

[Sigblaster]

Have him research how to obtain a background check in the state where the incident/charges occurred. Sometimes you can get them straight from the government, sometimes you have to find a company that specializes in background checks.

I have a hard time believing that he doesn't remember where he was or what he was charged with, though. Seems like the kind of thing you'd pay attention to.

I have a long list of stuff I've been told I've done that I don't have a clear memory of. Seriously, my life story would be better told as a biography by people who know me, rather than an autobiography.

Luckily, I grew up in a family of lawyers, which was good for giving me a basic understand of law, as well as getting my arse out from under it.

Not everyone has had the benefit of good representaion, and not spending time in jail is the main point, and memories fade after 25 or 30 years.

 

[cobber]

Was he convicted of a crime involving domestic violence? He not only has to have the conviction expunged but also has to move the court where the conviction was entered to restore his firearm rights. Have to wait five years from conviction to do that, so he should be in the clear.

Also depending on when the expungement was entered, it may not actually have restored him to being a proper person. The IGA only tweaked the law to the feds' satisfaction in 2017 or so...IIRC.

 

[Sigblaster]

Bingo.
On all counts. I remember pretty much every encounter I have ever had with the system. What when and where and yes I was at one point in my life not so reliable.

I know everything I've been charged with, and the disposition of every case. As I said, I had the benefit of good counsel. Not everyone does.

I want to give advice, and if possible, give a gift. I don't want to pry, though. I want to give him info without intruding.

 

[Route 45]

Good counsel or not, I think I'd be just a tad curious as to what I am pleading guilty to. How could one be so obtuse? I'm betting he's not forgetting.

Anyhow, you already have a reasonable doubt that he is a proper person. Documented on the internet, no less. But do what you want. Maybe he'll forget who gave him the gun if he screws up again and commits some unspecified act of stupidity. But if you get roped into a charge for giving a gun to someone with a questionable history, be sure to find out what the charge is.

 

[Bigtanker]

Was he convicted of a crime involving domestic violence? He not only has to have the conviction expunged but also has to move the court where the conviction was entered to restore his firearm rights. Have to wait five years from conviction to do that, so he should be in the clear.

Also depending on when the expungement was entered, it may not actually have restored him to being a proper person. The IGA only tweaked the law to the feds' satisfaction in 2017 or so...IIRC.

It wasn't domestic violence.

 

[dudley0]

I have an associate that I recently found out was a prohibited person. Back in the 80's he was a bit wild I guess. He is a business owner and stand up guy now.

Tried talking to him about getting everything expunged. I think he hasn't done it because he has ties with local authorities, politicians and such. I think he is worried about losing face. Just my guess as to why he hasn't moved forward.

Anyhow, he Showed up at a jobsite a week or so ago with a brand new AR. I asked him when he got expunged and he said he still hasn't done it yet. Now I am torn. He has a worry about the possibility of civil unrest, but he is still prohibited. He knows nothing about the AR platform.

I want to show him what little I know, but I don't want to get caught in the middle. Not sure if I could catch any heat from simply being around him with firearms. I don't want to do anything that could potentially hurt my 2a rights.

Right now I left it with him needing to get expunged.

 

[Kirk Freeman]

Has he gotten a UPIN yet and solved the problem?

 

[Bigtanker]

Has he gotten a UPIN yet and solved the problem?

I'll have to follow up.

Ok. I followed up. He now has the UPIN. I'm not aware of he's tried to use it or not.

 

[KokomoDave]

I'm glad he could obtain one.
Meanwhile I am still waiting on the call from RK for my semi auto 12 ga mag fed. I was approved the last 3 transactions from the same store.
I have gotten my gun the last time I had the max alloted timeout from RK. I wonder why they would change that? I already paid for it online too!

 

[Bigtanker]

Update. I found out more details today.

Part 1:
This person had filed for a UPIN number in August of this year. They have been told it's taking 12 months to get it.

Part 2:
A particular Rural King location seems to have been the whole issue. The pistol this person wanted was available on RK guns. He ordered it and when it came in, he drove to pick it up. This was when they told him he was denied/wouldn't sell it to him. So after many weeks of going back and forth with this RK location at the advice of someone at RK corporate (I think), he called another location, explained the entire situation and the second location said the 1st one wasn't following RK's rules. What exactly this meant, I'm not sure.

So a refund was done on the pistol sitting at location #1 and an order was put in online for a pickup at location #2. Said location has stated everything will go through.

So now we wait.......



.......for the rest of the story.

 

[DoggyDaddy]

Since I first peeked into this thread an hour or so ago, my Yahoo mail homepage is now displaying an ad for expungement. I know how it happens, but it's still creepy.

 

[Cameramonkey]

Update. I found out more details today.

Part 1:
This person had filed for a UPIN number in August of this year. They have been told it's taking 12 months to get it.

Part 2:
A particular Rural King location seems to have been the whole issue. The pistol this person wanted was available on RK guns. He ordered it and when it came in, he drove to pick it up. This was when they told him he was denied/wouldn't sell it to him. So after many weeks of going back and forth with this RK location at the advice of someone at RK corporate (I think), he called another location, explained the entire situation and the second location said the 1st one wasn't following RK's rules. What exactly this meant, I'm not sure.

So a refund was done on the pistol sitting at location #1 and an order was put in online for a pickup at location #2. Said location has stated everything will go through.

So now we wait.......



.......for the rest of the story.

My money is on store #2 doing the same thing. Big box store policies typically have stricter rules than the feds regarding this. Dicks as well will refuse to sell without an explicit "PROCEED".

My advice is get a refund and order from Buds and ship to his LGS. Or just buy from his LGS. But before using said LGS... GO IN AND TALK TO THEM about their policy regarding delays and releasing firearms after the allowed timeout. And be honest about why he is asking. DO NOT CALL THE LGS AND ASK. IF you call them and they have no idea who they are talking to, you may get an answer you dont like. Somebody with something to hide calls around. Someone taking the time to walk in and discuss should be seen in a more favorable light. (unless maybe your friend has also made some poor life choices and has numerous tats visible on his neck and/or face.)

 

[Bigtanker]

This has been resolved. Turns out it had nothing to do with his expungement.

After several calls to corporate, it was found to be an error in the initial paperwork at the time of purchase. Someone had entered two numbers backwards. It was denied by the feds. At that point, RK had flagged him and put him on the "banned list." Subsequent attempts just kept hitting RK ban list.

After talks with corporate and the original mistake had been found, he was removed from the RK ban list. He returned to the store where they had the gun, Angola, and they flat refused to even let him fill out the paperwork, even with directions from corporate. He ordered the same gun on RK and had it sent to Kendellville RK. Went in, did the paperwork and left with it.

 

[Cameramonkey]

This has been resolved. Turns out it had nothing to do with his expungement.

After several calls to corporate, it was found to be an error in the initial paperwork at the time of purchase. Someone had entered two numbers backwards. It was denied by the feds. At that point, RK had flagged him and put him on the "banned list." Subsequent attempts just kept hitting RK ban list.

After talks with corporate and the original mistake had been found, he was removed from the RK ban list. He returned to the store where they had the gun, Angola, and they flat refused to even let him fill out the paperwork, even with directions from corporate. He ordered the same gun on RK and had it sent to Kendellville RK. Went in, did the paperwork and left with it.

I hope he contacted corporate to complain. Somebody at that store needs an ass chewing for directly ignoring an order from corporate.

 

[cbickel]

Glad it got sorted out. I went through a similar headache a few years ago. I was erroneously denied. Filed for dispute, but due to impatience, I was included on a class action against the fbi, jeff sessions, and USA. That sped up the dispute and my UPIN arrived within 60 days. Been proceeded every time since.

 

[jwamplerusa]

I didn't want to start a new thread, but thought this was a reasonable question for the lawyer types.

This article -> https://www.ammoland.com/2022/01/mi...ith-duty-to-retreat/?ct=t(RSS_EMAIL_CAMPAIGN)

Speaks of an individual tried twice, both juries hung, and charges were ultimately dismissed. The article then states the defendants record was expunged and sealed.

I do not understand what there was to expunge, if the defendant was not convicted.

My rather rudimentary understanding is that he was charged but presumed innocent until found GUILTY by a jury of his peers. His peers could not come to a unanimous decision, thus he was never found criminally liable (not convicted) and thus there was no adjudication which would have affected his rights. After two trials the Prosecutor gave up, and dismissed the charges.

I thought expungement dealt with convictions, not charges. Is the issue (relative to the 2nd Amendment) due to question 21, b on the 4473? (Quite honestly never considered the ramifications of that question before, since it didn't apply to me)

If the expungement would likely be to address question 21, b on the 4473; does the question itself not represent an egregious violation of a citizen's Rights, as they are being denied not due to conviction, but allegation?

(Yes, I know the above may present myself as slow, but I just never gave much thought to question 21, b on the 4473, as it did not apply to ME)

Thanks for your feedback.

 

[HoughMade]

There's expungement, then there's expungement.

"Expungement of Records" applies when a person was arrested or charged, but not convicted (but applies to juvenile adjudications). (Ind. Code 35-38-9-1). In that case, with the proper petition filed and granted, all records should be removed from any "central repository", the state court system and the court where the matter was pending must remove or seal them. Crazy to think, but when granted, you can't trust all of the courts to automatically send out the order and then apply it when (and if) they get it. This is a "you should follow up" matter and by follow up, I mean everywhere that may have information on the original case.

There is also expungement that applies to convictions of misdemeanors and felonies (Ind. Code 35-38-9-2 through 9). This has longer time period, more requirements and more findings that need to be made...and doesn't apply to all crimes.

As to question 21(b), "under indictment" means a pending charge that has not been fully adjudicated yet. It does not apply to dismissed charges or expunged charges.

 

[jwamplerusa]

Thanks HoughMade. I appreciate the explanation.

 

[radar8756]

Expungement may remove / seal Court records - but it does not remove any News reports from Google searches -- which is where the other lawsuits start