Background check ?

[Guest thejlb]

I have a problem with getting a background check. A little story is involved I will try to keep it short.

Apparently in an act of anger my sister filed a police report for domestic violence against me when I was 17. I am 24 now for the record.

A year ago I got pulled over for a taillight out. Turns out there was a warrant out for my arrest. I get arrested blah blah blah.

I asked my sister about this police report she admitted to doing it but didn't think anything would ever happen from it. She goes to drop the charges. I go to court they said it would be expunged from my record.

This is where it might get confusing. Before I got arrested while I had a warrant out for my arrest. I bought a handgun and had to get a background check performed. It apparently was clean, becasue I got the gun.

No back to after my record was supposed to expunged I went to buy a gun, I did not pass the background check. Everybody tells me they probably just didn't want to sell me the gun. I don't know what the truth is, but how I do I go about finding this information out.

Sorry if this is the wrong forum. I didn't really know where to post it.

[LazyAce]

You should be able to go to your local sheriffs dept. or the local police dept. and depending on their mood that day, they should be able to bring up your record and tell you where you stand with that. I know that the big cities do things different than the small ones. You may have to go to one of the smaller towns around there.

[Fallguy]

For $29 you can run a background check on anyone, including yourself through the TBI

http://www.tbi.state.tn.us/tbibackgrounds/background_checks.htm

Did you appeal your denial?

Over half of the denials that are appealed are reversed. On the instant check you may be denied if there is anything that is slightly out of the norm, but if you appeal and the dig into it, then you may be approved.

The trouble is the fact that it is reversed does not stay with the TICS, so you could be denied again unless you are able to clear up what ever caused the red flag.

Here is a link to the appeals form.

[kckndrgn]

Since you were denied on the BC, the store you were at should have either given you or filled out an appeal form (you will need the TICS number of your denial to complete the form, the gun store should have a copy of it).

Fill that out, fax it in. As was mentioned above, most of the denials are reversed, usually within a day or two.

You can run your own BC as mentioned above to find out what triggered the denial, then go about getting it actually "expunged" from your record.

Hopefully your appeal process will be quick!

[Guest jdavis]

the background checks are being denied a whole lot for no reason a friend of mine was denied and he filed an appeal and was approved the next day, i think the database has problems.

Edited January 27, 2009 by jdavis

[poak]

Did you follow the procedure for expungement? Just because they make it available doesn't mean they automatically do it, you usually have to follow a process. Not sure what that process is, but something similar happened w/ a friend of mine.

[323ssplt]

Brother......do I feel your pain..

Getting denied happens to me about every other time I buy a gun. Years ago I was the NCO on duty when a fight broke out. I called the MP's and they filled out a report. About five years after that I started getting denied. Apparently, my SSN got transcribed on that report and listed me as the offender, only by SSN not even my name. So, afer all those years it finally made it to the FBI where TICS draws it's info from. TICS sent me a form to send to the FBI with all of my proof that I indeed was not guilty of anything and I'm still getting denied five years after I sent in the paperwork. I've called the FBI, TICS the base where it occurred and I still get denied. I carry around a copy of my DD214 (discharge papers) that shows I wasn't guilty so that everytime I get denied I just fax that in and they overturn my denial. But it's crazy, its hit and miss as to when I get approved and when I get denied.

Good luck with all of this. I hope you get resolution more quickly than I have.

[Guest thejlb]

I did appeal. I did exactly what I was told to do. I faxed the form and I was supposed to hear something back from them or get something in the mail. I did not.

I don't know how to go about making sure it is off my record. It was supposed to be, but I obviously something is throwing a flag as I went to hero gear today. Was gonna get a nice 1911 but got denied. So once again I am filing another appeal.

When an appeal is filed. It says they will contact the arresting agency and request a final disposition of any open charges. What exactly does that do?

[DaveTN]

You were convicted of domestic violence or you weren’t.

If you weren’t convicted you don’t need an expungement.

Your sister can’t drop the charges they are filed by the state.

If you were convicted of DV you can’t own a firearm under Federal law.

<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:State><ST1:pTennessee</st1:State> will not recognize and expungement to get your guns rights back on a felony conviction; I don’t know if that also applies to a DV conviction.

You can check with the clerk of the court where the case was handled to see what the disposition is. If it was dismissed, see if they can submit that to the FBI. Also get a notarized copy of that because you may need it again.

[cadillacdude1975]

i got denied my second time i went to purchase another pistol. i filed an appeal and it was overturned in less than 12 hours. there is a glitch in the system im sure. i have been cleared instantly, had to wait a day, and had to wait 3 days before. its bs.

[Guest 153blue]

i was told that any trouble you get into while your under 18 is expunged when you turn 18. that is to assume you've already went to court for it and everything before you were 18. is this incorrect?

[TripleDigitRide]

I'm not sure how long it's been, but the expungement process can take several months. First, the TBI must expunge the offense from your record, then it gets passed on to the FBI for the same thing. They get in no hurry.

Were you actually convicted of DV, or are they simply expunging the charge/arrest? If you were only charged/arrested for DV, this should be a fairly simple fix. If you were actually convicted, you will likely never be able to own a firearm in the future.

[Guest Revelator]

That's right, any juvenile offenses are removed from your record when you turn 18. Technically, they are not even called convictions; they are called adjudications. However, if a government agency wants to look hard enough they probably will find a record of a supposedly expunged offense. This is true not only for juvenile cases but also for adults who have had an expungment through diversion or even a simple dismissal. The diversion statute says that a non-public record of the offense will be kept by the court for the sole purpose of determining, in any future proceedings, if the person qualifies for diversion again (which to me is wierd, because the law clearly states you can get diversion only one time), but I have a feeling that if they want to they can find it out for other purposes as well.

[DaveTN]

However, if a government agency wants to look hard enough they probably will find a record of a supposedly expunged offense. This is true not only for juvenile cases but also for adults who have had an expungment through diversion or even a simple dismissal. The diversion statute says that a non-public record of the offense will be kept by the court for the sole purpose of determining, in any future proceedings, if the person qualifies for diversion again (which to me is wierd, because the law clearly states you can get diversion only one time), but I have a feeling that if they want to they can find it out for other purposes as well.

Sure they can. Police departments doing background investigations on candidates and the Military doing backgrounds for security clearances would not only run records checks through the computers and the courts, but they would come to our department and run a manual check through our records division. We had a record and disposition for all arrests made by our department; expunged or not.

The Feds don’t have to honor an expungement; the state of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:State>Tennessee </st1:State>won’t honor one to restore gun rights, and many potential employers will still find the records. So the only thing I can see that an expungement might be good for would be a low level records check.

[Guest thejlb]

No I was never convicted of anything. It was dismissed in court, but obviously that doesn't matter to the tbi so I how do I fix things?

[R1100R]

Many years ago I had one done. You go through the court clerk. You must fill out some paperwork and pay a fee. The paper work is reviewed by the DA. He then takes it to the judge for action. They together look at everything, including your statement. Then they will make a decision good or bad. They will send you a copy

of the outcome.

You will do all the legwork. You will have to follow-up. don't count on getting anything done over the phone. If you plan on getting a HCP later they dig even further.

[MikeW]

The Feds don’t have to honor an expungement; the state of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:State>Tennessee </st1:State>won’t honor one to restore gun rights, and many potential employers will still find the records. So the only thing I can see that an expungement might be good for would be a low level records check.

The Federal law referes to the conditions of the charge by the State. If the State has expunged the offense and there are no special conditions then there is not a violation of federal law.

http://www.bwlap.org/TAPs/fedfirearmcorrected.PDF

As of September 30, 1996, the new law went into effect. However, the prohibition also applies to

persons convicted of misdemeanor domestic violence at any time prior to September 30, 1996.

Therefore, as of the effective date, any person who has ever been convicted of a misdemeanor

crime of domestic violence may no longer possess a firearm or ammunition.3

With respect to all persons convicted, the law would not apply if the conviction is procedurally

defective due to representation or trial issues (e.g. constitutional rights to counsel and/or a jury

trial were not knowingly and intelligently waived). Also, the law would not apply if the conviction

has been expunged, set aside, pardoned, or reversed and the person is not otherwise prohibited

from possessing firearms or ammunition.

3

The State of TN will allow firearm ownership due to an expungment. The handgun permit application is not online any longer but the application does included language that a conviction is not a offense that has been expunged or set aside.

http://www.atf.gov/firearms/faq/faq2.htm#a8

A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.

The OP does seem to have an issue if his Tic's are being denied. I suggest that he contact an attorney and get the issue(s) resolved ASAP. If his expungement has not been processed then he is in violation of State and Federal law if he has in his possession the handgun that he mentioned in his original post. If the expungement had been processed he would have been mailed an official court document of the regarding the expungement.

<O:p

[Guest thejlb]

Thats what bothered me the most. At the time of gun purchase. I did not know I had a warrant out. I passed the background check at the gun shop and wasn't until I got stopped for a tail light being out that I got arrested. Then I went to court and the charges got dropped.

You think I should get in touch with a lawyer???

By the way thank you for posting that, It is greatly appreciated.

[cadillacdude1975]

i wonder if you got burned on the fugitive from justice question?

[Punisher84]

Not trying to flame you, but something doesn't add up here. You had DV charges put against you at 17, THEN after you originally bought a gun you were pulled over and arrested for an outstanding warrant. Correct?

What was the warrant for and what was the disposition of that case?

[TripleDigitRide]

I know someone who was for a bogus 9 year old aggravated assault warrant. He was never convicted. Thrown out of court.

He'd been ticketed for speeding on a few occasions over those 9 years, and he also had to go through a background check for a government job. The warrant never showed up anywhere.

So, who knows why this stuff gets overlooked for so many years, only to come back and bite you in the a$$ several years down the road.

[Guest thejlb]

Not trying to flame you, but something doesn't add up here. You had DV charges put against you at 17, THEN after you originally bought a gun you were pulled over and arrested for an outstanding warrant. Correct?

What was the warrant for and what was the disposition of that case?

Well the incident in question happened before I 17. I never knew charges were filied against me until I was 22. I got pulled over while I was 22 for having a tail light out. Thats when I found out about the warrant. I'm pretty sure the warrant was for me not showing up to court. I didn't ever know there was a problem with the law.

I bought the gun when I was 21. I got pulled over when I was 22.

They ended up dismissing the charges.

[Fallguy]

Sounds like a real mess....hope you can get cleared up.

[Guest Revelator]

I can't believe they would put out a warrant for failing to appear as a juvenile. As an adult, sure, but I have never heard of that happening with juveniles. Especially on a lousy misdemeanor. But maybe you just got a crazy judge who enjoys doing that sort of thing. And where were your parents in all of this? Did they not show up either? Parents must come to court with their children. If neither the child/defendant shows up, nor their parents, I would think the court is going to want to know the location of the parents just as much as the child. And your sister...five + years go by and she never tells you she filed an assault charge against you? You two must not be very close.

None of this makes a lick of sense. "I'm pretty sure the warrant was for me not showing up to court." You know I often hear things like this from my clients. So could the warrant be for something else? I'm betting it is.

[DaveTN]

You think I should get in touch with a lawyer???

Yes, you probably need a lawyer. I say that because “Domestic Violence†is a show stopper. You need to have that charge removed anywhere you can. There is all kinds of “feel good†legislation targeted at those arrested for DV.

First and foremost you need to find out what exactly you were charged with and the “Disposition†of your charges.

According to you…. you were arrested on a five year old misdemeanor warrant?? That doesn’t sound right to me, but I’m not sure how that works in <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:State>Tennessee.</st1:State>

<st1:State></st1:State>

<st1:State></st1:State>Even though you were 17 if the charge was DV and you didn’t show for court; a bench warrant was issued and the case was transferred to adult court (if it wasn’t there already). So any protection you had as juvenile was gone at that point. However that’s just a guess based on what you are saying.

Call the TBI and see what the problem is. Check with the local court or arresting agency and see if they can tell you anything.

“DISMISSED†must show up as the disposition after any DV charge. Both the local records check and the FBI check must both show a disposition.