34 years ago, and it comes back to haunt me...

[Guest Catdaddy]

Got a letter from BATFE today- they can't finish my C&R because in 1976 i was charged with possession of marijuana- and no disposition is on file...

Charges were dropped because it wasn't MY stems n seeds... and the person in the car with felony arrests AND a gun WAS charged...

But NO disposition was filed so I get to chase down more paperwork... from 34 years ago...

Watch who you hang with, kiddies...

[Guest 1817ak47]

I didn't know simple records like that were retained for that long. I knew some losers that used to carry that stuff, had a couple of close calls.

[Oh Shoot]

Got a letter from BATFE today- they can't finish my C&R because in 1976 i was charged with possession of marijuana- and no disposition is on file...

Charges were dropped because it wasn't MY stems n seeds... and the person in the car with felony arrests AND a gun WAS charged...

But NO disposition was filed so I get to chase down more paperwork... from 34 years ago...

Watch who you hang with, kiddies...

I see you don't show HCP, so guess you've never had check run for that?

Have you always been able to buy guns from FFLs okay?

- OS

[EMB145]

Pretty much the same thing happened to my father.... Late 60's he shot a guy in self defense. The guy pulled a gun on him... race riots, curfews, and life during that time frame.

For his birthday, I was going to pay for a Taurus Judge for him as he wanted one. We go to the gun shop, he picks one out and does the paperwork and gets denied. Filled out the form questioning why he was denied and gets a letter in the mail later saying he is ok. (Thats' how we knew why he was denied).

Don''t give up hope on getting cleared. Not to sound paranoid, but its kind of scary and an eye opener on how many and what records are out there on us.

[DaveTN]

All you have to do is go (or call) to the Circuit Clerks office (Or whoever handles court records in the county where it happened) and have them give you a notarized copy of the disposition. The disposition is probably on file but didn’t make it to the Feds.

Was that information not in the letter from the ATF? You have to deal with it or it will continue to come up.

[TGO David]

1976... crazy. Pretty much everyone in the 70's had some weed on them didn't they?

As DaveTN said, get a notarized copy of the disposition and forward it on to the BATFE. This is likely just a small bump along the road, not a complete derailment of your plans.

[lowbud]

More than likely from something that old you'll not find any local paperwork. If you do you are one lucky guy. The FBI keeps those arrest cards forever or until it's either disposed or expunged.

I had a arms arrest from 88 haunt me and the only record of it was that print card with the FBI and no disposition. I had to go the expunge route.

Go to the clerk of the court of where the arrest took place. if they can't produce the actual documents simply ask for an expungement form. In my case to file the form was a $100 fee and took about 4 weeks.

This was after chasing people and paper for 6 months. I hope you got a copy of that FBI record so the judge can see what needs to take place. If you don't have your FBI file, request it and have it in hand before you file.

Good luck. If you have any questions feel free to PM me.

[lowbud]

I didn't know simple records like that were retained for that long. I knew some losers that used to carry that stuff, had a couple of close calls.

oh yeah.. that stuff sticks with you forever. if you ever get arrested the print card taken at booking is sent to the FBI. the local authority is suppose to update the FBI with a final disposition once the case has been settled. In many cases this never happens.

So that print card (arrest charge) sits on file and will show up anytime someone runs you with the FBI. Most of the time you will never know this until something like this (applying for a FFL) takes place and you are denied.

The problem comes into play with cases before the computer era.. the actual case files were destroyed long ago and you most likely haven't any records either.

In this scenerio the only option is to have the record expunged. What pisses me of is that it's your job to do all the leg work on this even tho the locality failed to do their job and complete the process. It's time consuming and a total pain in the ass.. not counting the fee's involved.

this is one reason I tell people to have background checks done on themselves not only with the TBI but with the FBI as well. Then something like this doesn't haunt you..

[Guest pjblurton]

For you guys that have been denied and then cleared:

Once cleared, have you have any issues buying guns from FFL's or do you keep having to send in the paperwork over and over.

I got my HCP with no issue at all but shortly thereafter I tried to buy a handgun at Bass Pro Shops and was denied. I sent in the paperwork and was approved but its embarassing as hell.

Been kinda "gun-shy" about buying new ever since...

[lowbud]

For you guys that have been denied and then cleared:

Once cleared, have you have any issues buying guns from FFL's or do you keep having to send in the paperwork over and over.

I got my HCP with no issue at all but shortly thereafter I tried to buy a handgun at Bass Pro Shops and was denied. I sent in the paperwork and was approved but its embarassing as hell.

Been kinda "gun-shy" about buying new ever since...

It will happen every time until whatever is showing is expunged.

[Guest pjblurton]

I asked the kind lady on the phone when I sent it in, if this would happen every time I tried to buy a gun. She said that once they had my paperwork on file, that it would no longer be an issue.

I didn't believe her...

I guess there's one way to find out. Gotta go shopping!

[lowbud]

I asked the kind lady on the phone when I sent it in, if this would happen every time I tried to buy a gun. She said that once they had my paperwork on file, that it would no longer be an issue.

I didn't believe her...

I guess there's one way to find out. Gotta go shopping!

She told you a story. They don't keep any paperwork on file. at least that is my undetstanding. Once you are approved off to the shreader you go..

[Guest pjblurton]

She told you a story.

figured as much....

[Guest Catdaddy]

Well, after SEVEN phone calls- I found this out: I had a bond hearing on 3/8/1976 (this was TWO days after I was arrested- and I was OUT OF JAIL the next morning....) and a court date on the 31st... I did NOT know about or attend EITHER of these hearings- my Dad said they dropped the charges- that's all I ever knew, I guess I didn't have to show up at either as I was 17 at the time.

I DO have a handgun carry permit- have applied and been granted TWICE now.

It appears to me- although I am NOT certain yet- that the charges were dropped, but the proper disposition was never filed.

I also found out how to get my record expunged after I get the disposition? deposition? sent to BATFE.

I'm sure it will all be OK.

Thanks, Guys.

[Guest gcrookston]

In most cases it will take a few hundred to an attorney to get this cleared up with the least headache. Money I say is well spent. We have several members here on the forum that I suspect can easily handle it for you. One is a sponsor.

http://www.stegall-law.com/

Edited March 13, 2010 by gcrookston

[lowbud]

You can spend several hundred bucks for an attorney or you can do it all yourself. You don't have to do the legwork either. It's up to the clerk to provide all the case details. All you need is the charge on file with the FBI, a copy of the print card, then file the expungement paperwork.

If there is no case data available they will create it and the judge will sign the expungement order. It's simple process just takes time.

again feel free to PM me and we can discuss...

[Guest J.D.D]

I know what you are going thru! I had close to the same thing execept mine happened 1n 1962 when i was 16 yrs. old. That is 48 yrs ago.

I have all the expunged paper work and a ton of other paperwork from the courts but for some strange reason the FBI check still denies me ever time i try to buy a gun.

So far I estimate i have spent around $350.00 and 50 hours trying to get this straghted out.

I am waiting on a call from the FBI for 10 days so far telling me it has been eraced from my file. I have purchased appt 100 guns in the last 48 yrs. Served in the U.S. ARMY. Never been arrested in the last 48 years. Paid my Taxes ever year. And they are still holding this over my head. I am so fed up over all this Goverment paper work.

GOOD LUCK! I hope you have better luck in getting yours straghted out than I have had.

I started trying to fix this in 2006.

What they charged me with was not a Felony. And I did not do what they charged me with anyway!

UPDATE ON MY RECORD 3/16/10

After 4 years of trying to get my record cleared at the F.B.I records division I received a call today from the F.B.I saying it has been cleared up. When I go to buy a gun now it should be approved without any wait. (YEA)

Edited March 16, 2010 by J.D.D

[Guest Catdaddy]

Had a long talk with my Dad today. He said he was told when he picked me up after my overnight visit that the charges had been dropped. He never was informed of or went to any bail hearings or court dates, either.

Funny thing is, the lady who told me of those dates said there was another person on the same record file- one of the three guys I was with.

Still no return calls from SC- and I have to be in a prison doing an install for the next 4-5 days. It's going to be hard to follow up in there- the cell reception usually sucks wind.

[aquaman67]

this is one reason I tell people to have background checks done on themselves not only with the TBI but with the FBI as well. Then something like this doesn't haunt you..

How would you go about doing a check on yourself? Can you just call them up, or do it online?

I'm just curious...

[DaveTN]

It depends on what you are looking for and what kind of background check it is.

You know if you have been arrested. A background check for a gun purchase or most jobs is not going to be the same as a background check for a military security clearance or a job as a Police Officer.

You can do a criminal background check on yourself at the FBI web site for $18 plus whatever it costs you to get finger printed.

Federal Bureau of Investigation - Criminal Justice Information Services Division - FBI Identification Record Request

[lowbud]

It depends on what you are looking for and what kind of background check it is.

You know if you have been arrested. A background check for a gun purchase or most jobs is not going to be the same as a background check for a military security clearance or a job as a Police Officer.

You can do a criminal background check on yourself at the FBI web site for $18 plus whatever it costs you to get finger printed.

Federal Bureau of Investigation - Criminal Justice Information Services Division - FBI Identification Record Request

This will work. I would also have one run with TICS and the state police of whatever state the arrest took place. Each request is between $20-$30 but well worth it.

[Guest Catdaddy]

My C&R arrived yesterday! I made 20 copies- now to send them out to all the suppliers where it will make a difference....

Anybody remember where that thread was listing them?

[gotigers]

order of expungement will clear it up

[Guest Catdaddy]

order of expungement will clear it up

That's already in the works, but the wheels they do turn mighty slow....

At least i know now that my next FFL should fly through when the expungement is done.

[Guest Dean Wormer]

Meanwhile, rapists, pedophiles, and killers go free...