If a felony conviction is dropped to a misdemeanor, can you get a LTCH?

[Mark 1911]

how about felony charges but no conviction?

Charges mean nothing, only convictions count against you when it comes to buying firearms and applying for LTCH. However. if there is a case pending against you that could result in a conviction, I am not sure if you would have to wait. Hopefully the lawyers chime in.

 

[johnjw77]

How many grams? Prior conviction? Just curious.

I believe it was 114 grams? I didn't have a prior, which is why it was plead to a misdemeanor, however I received another possession charge a little time after for being in the wrong place at the wrong time. Have since steered clear of that entire lifestyle and lost a lot of "friends" in the process. Anyhow, I have 2 class A misdemeanors on my record and neither carry a term punishable more than a year. I want to send in my appeal but not sure what documentation they will need/want and they refuse to discuss my charges over the phone. Frustrating process.

 

[Fargo]

I believe it was 114 grams? I didn't have a prior, which is why it was plead to a misdemeanor, however I received another possession charge a little time after for being in the wrong place at the wrong time. Have since steered clear of that entire lifestyle and lost a lot of "friends" in the process. Anyhow, I have 2 class A misdemeanors on my record and neither carry a term punishable more than a year. I want to send in my appeal but not sure what documentation they will need/want and they refuse to discuss my charges over the phone. Frustrating process.

Get certified copies of your sentencing orders and the orders granting AMS for any cause number they are questioning and I would think that would do it. They should be available from the court where your cases were filed.

 

[johnjw77]

Get certified copies of your sentencing orders and the orders granting AMS for any cause number they are questioning and I would think that would do it. They should be available from the court where your cases were filed.

The problem is they didn't give me a cause number they are questioning. It only claims I violate a term in which I have been convicted of a crime punishable for more than one year. That is true, however with it being later reduced i am no longer a "felon" and think I should be ok.

I did have an interested mix up happen once that may have something to do with it however. On my second arrest I was camping at a state park when "friends" were smoking around the same fire. I was literally guilty by association. I had NOTHING in my possession, in my bag or in my vehicle (they searched everything). However I had a prior AND when they ran my name I came back a "convicted sex offender". I AM NOT A CONVICTED (OR EVEN ACCUSED) SEX OFFENDER. That was cleared up before I made it to the jailhouse thank god, but apparently my name and county matched that of someone in the registry. I am wondering if this may not be the same unfortunate circumstance. I also believe that is the main reason I went to jail that night, I don't blame them given what they thought they knew. Problem is once they realized that was not me I had already been called in so I spent the weekend anyhow. That was an automatic felony being second offense, however it was dropped first court date to a misdemeanor if I just agreed to take the charge and pay court fees. I hated to plead guilty to a BS charge, but I didn't want a felony so I took it and ran.


anyhow, here is the exact language in the form sent to me:

"…By way of background, the NICS computer system searches databases containing records of persons who may be disqualified from possessing a firearm. The system screens individuals be name and descriptive information (i.e., date of birth, race, gender, etc.). A search resulting in a "deny" indicates the subject of the background check matches a prohibiting record containing a similar name and descriptive feature(s). Your transaction's federal prohibition is under Title 18, United States Code, Sections 921 (a) (20) and 922 (g) (1) : A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years. .."

so I am thinking 2 things.

1. Maybe I am being grouped with someone else and a simple fingerprint roll would get this all straightened out.

2. Maybe there is a mix up about my reduced sentencing and I need to get it straightened out.

They claim to be 3 month behind on processing appeals so I want to make sure I have everything needed to clear this up in the first envelope I send them.

 

[snapping turtle]

There is a newer law that allows a lawyer to get felony convictions expunged for your record. Mainly used to get convicts jobs but ex plunged is basically off the permanent record so to speak. I have heard good and bad things about it. Worth a try if that is the only option available.

I was a crazy kid and young adult just lucky in the order of things. My love of guns and gun culture was a factor in my staying out of serious trouble when I look back at those years.

 

[johnjw77]

There is a newer law that allows a lawyer to get felony convictions expunged for your record. Mainly used to get convicts jobs but ex plunged is basically off the permanent record so to speak. I have heard good and bad things about it. Worth a try if that is the only option available.

I was a crazy kid and young adult just lucky in the order of things. My love of guns and gun culture was a factor in my staying out of serious trouble when I look back at those years.

Well in my original plea it was stated once everything on my part was completed it would be dropped to a misdemeanor, and it was. I had a background check ran at my previous job and it came back with a felony on my record. I contacted the company who did the check and they reinvestigated and provided new paperwork to myself and my employer showing a clean record felony wise.

I wouldn't think there is anything to get expunged considering it has already been reduced.

 

[Rickmill]

Hmm how about my possesion under 30 from 5 years ago....

 

[The Keymaster]

If your plea agreement included having your sentence reduced to a misdemeanor after you successfully completed your probation, then you would be required to petition the court to have that done. If you did not go through a court procedure after your probation ended, then it is likely that the felony remains on your record.

 

[johnjw77]

If your plea agreement included having your sentence reduced to a misdemeanor after you successfully completed your probation, then you would be required to petition the court to have that done. If you did not go through a court procedure after your probation ended, then it is likely that the felony remains on your record.

I went through the AMS and the felony was reduced. I have a lot of the court paperwork still, but can't seem to locate that specific document. I will contact the court tomorrow about it. I found a link to a "limited criminal history check" through the Indiana State Police, and was curious if that will work for my background check to send in. I was thinking of sending in the background as well as court documents and fingerprint rolls. I just want to cover all bases that way I can get this straightened out the first time around.

 

[JB357Mag]

See Indiana bill 1033

Jimmy

 

[Shadow8088]

dammit... now I'm concerned about whether or not I have a background... I never got arrested or anything, I never had a cop give me a ticket(never even spoke to the cop), I was simply sent a summons and handed a fine by the judge when I showed up for my court date... Would a NICS ping me as proper/improper the same as if I was applying for my LTCH? (I've purchased a few guns without so much as a hiccup) This was back in PA almost 20 years ago so it's not like I can just walk down to the courthouse to check it out...