Background check question

[Guest glen88]

Ill start with alil history..in 1994 my sister filed a false DV report i came home to the cops,and was arrested..we went to court @ which time she admitted she lied,the judge said the state picked it up and i was found guilty even with her admission to lying..fast forward..ftom 1995 thru 2013 ive bought 6 handguns from gunshops and pasted all background checks..my question is should i worry about passing a background check for HCP?..Thanks for ANY INFO

[Oh Shoot]

One of the HCP qualifiers is,  "Shall not have been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C.A. 921 (33)"

 

Federal law also prohibits firearm ownership for same thing.

 

Obviously it's not showing up on your 4473 checks, so only question is whether the more thorough check for HCP will find it or not, and I guess there's only one way to find out, although I have periodically seen someone claim there is a way to pay to conduct a background check on yourself, but don't know the procedure if that's true.

 

- OS

[Guest glen88]

Yea definitley no thats a DQ for HGP and ownership thats why i thought somehow it was never put on my record for some reason...actually i think there are different online checks you pay for,guess ill have to see if i can find one i think i can trust for the info

[Guest glen88]

Another question..if it is on my record,with it being that old and giving the history(and it was suposably verbal not voilent in nature)is it possible to have it expunged or sealed?

[Chucktshoes]

These are questions that I think you're going to require the advice of somebody that's actually got a JD, not those of us on this board with an ID (Internet Doctorate.).

[Oh Shoot]

Another question..if it is on my record,with it being that old and giving the history(and it was suposably verbal not voilent in nature)is it possible to have it expunged or sealed?

 

Often asked question and the answer seems to be YMMV. I think the general take from reading lawyer's remarks is that expungement will not necessarily keep it from LE access.

 

- OS

Edited September 28, 2013 by Oh Shoot

[Guest glen88]

Oh im just ask for personal experiences as i know id really need to consult a lawyer with the question..just seeing if i think there a reason to

[Oh Shoot]

Oh im just ask for personal experiences as i know id really need to consult a lawyer with the question..just seeing if i think there a reason to

 

Patrick Stegall is a TGOer, and lawyer in Memphis who does firearm related stuff, you might get some free consulatation or something:

 

http://www.tngunowners.com/forums/user/8320-stegall-law-firm/

 

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

 

- OS

Edited September 28, 2013 by Oh Shoot

[Guest tdoccrossvilletn]

One of the HCP qualifiers is, "Shall not have been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C.A. 921 (33)"

Federal law also prohibits firearm ownership for same thing.

Obviously it's not showing up on your 4473 checks, so only question is whether the more thorough check for HCP will find it or not, and I guess there's only one way to find out, although I have periodically seen someone claim there is a way to pay to conduct a background check on yourself, but don't know the procedure if that's true.

- OS

It will find it more than likely

Sent from my mind using ninja telepathy.

[Guest tdoccrossvilletn]

[quote name="glen88" post="1040654" timestamp="1380402191"] Another question..if it is on my record,with it being that old and giving the history(and it was suposably verbal not voilent in nature)is it possible to have it expunged or sealed?[/quote] It can't be expunged unless it was dismissed. If I'm not mistaken you can go to the Tn bureau of investigation website and pay like 35.00 to have a back ground check run. Regardless you are breaking federal law as you legally can't own a fire arm. Sent from my mind using ninja telepathy. Edited September 28, 2013 by tdoccrossvilletn

[Guest glen88]

Patrick Stegall is a TGOer, and lawyer in Memphis who does firearm related stuff, you might get some free consulatation or something:
Thamks for the info!!
http://www.tngunowners.com/forums/user/8320-stegall-law-firm/

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

- OS

[DaveTN]

It can't be expunged unless it was dismissed.

You don’t need it expunged if it was dismissed. Yes, it can be expunged. Tennessee does not recognize expungements to restore gun rights. I don’t know if the feds do.

 

If you are worried about losing the HCP $125 + cost of class; apply for a C&R license; costs $30 and you will know.

Edited September 28, 2013 by DaveTN

[Guest glen88]

Dave what is a C&R?

[DaveTN]

Dave what is a C&R?

Curios & Relics FFL

http://www.atf.gov/firearms/faq/curios-relics.html

[Patton]

Was the conviction inTennessee? It's a mistake that you were able to purchase handguns.

Were you possibly charged with a domestic assault but convicted of simple assault? Edited September 29, 2013 by Patton

[Guest glen88]

Was the conviction inTennessee? It's a mistake that you were able to purchase handguns.

Were you possibly charged with a domestic assault but convicted of simple assault?

[Guest glen88]

Yes it was in Tn...i could see 1 mistake but 5!! With one being months after the charge and the last being just months ago!..you know i really dont remember as it 20yrso -/+but i guess its possible it was dropped to SA

[bersaguy]

There are sites online where you can pay to have back ground check done on anyone.

 

http://answers.yahoo.com/question/index?qid=20130226120103AAlpcog

[Dustbuster]

You don’t need it expunged if it was dismissed. Yes, it can be expunged. Tennessee does not recognize expungements to restore gun rights. I don’t know if the feds do.

If you are worried about losing the HCP $125 + cost of class; apply for a C&R license; costs $30 and you will know.

Smart move. Assuming you got pinched in tn,You need to check and see what the exact charge was. 29.00 will get you a TBI check or you can send off for the same through the FBI records office in west va if you're not sure, For a small fee. If you have no other criminal history besides what you described and it does exist you MAY be able to get the lingering charge expunged.
The expungement,when done right,will remove it from the court, state, and ncic. However if you've been purchasing guns through dealers and TBI is doing their job, which they really do on this there may not be anything to worry about. Any DV charge would result in denial, do the TBI check, it's cheap and it works. If you do have to get an expungement it'll cost 400.00 plus lawyers fees. If you have to do it, make sure that TBI sends the form off to the FBI and you have a copy of the expungement order when all is said and done.
Hth good luck


Sent from my iPhone using Tapatalk 2 of course it ate my spelling.

[Guest tdoccrossvilletn]

[quote name="DaveTN" post="1040685" timestamp="1380405623"] You don’t need it expunged if it was dismissed. Yes, it can be expunged. Tennessee does not recognize expungements to restore gun rights. I don’t know if the feds do. If you are worried about losing the HCP $125 + cost of class; apply for a C&R license; costs $30 and you will know.[/quote] Actually you do. I had an initial problem when I went to get my hcp. They found an old misdemeanor charge against me that had been dismissed. It prevented me from getting my hcp. So I had to get my record expunged and send the paperwork in. Once I submitted the expungement paper work then my hcp application went through and I was issued. So don't day it doesn't need expunged I'm living proof. Sent from my mind using ninja telepathy. Edited September 30, 2013 by tdoccrossvilletn

[Guest tdoccrossvilletn]

You don’t need it expunged if it was dismissed. Yes, it can be expunged. Tennessee does not recognize expungements to restore gun rights. I don’t know if the feds do.

If you are worried about losing the HCP $125 + cost of class; apply for a C&R license; costs $30 and you will know.

Wrong again. TBI does recognize as that's who I sent my expungment paper work to.

Sent from my mind using ninja telepathy.

[Dolomite_supafly]

If you are close to the jurisdiction where it happened go get a copy of the disposition of the case. Should be able to tell you if it is DV or SA. You really do need to find out because with the big push as of late to enforce laws you might find yourself in trouble if you were convicted of DV and have been purchasing firearms. LE  doesn't care if you got away with it previously or not, if they can charge you they will.

 

This brings up a serious question. What have you been putting on the 4473 when it asks if you have ever been convicted of DV? If you are worried about it being found out now then at some point you must have thought and consciencely lied on a form previously. If there is one thing that willl prove you lied it is the form you filled out

Edited September 29, 2013 by Dolomite_supafly

[Dustbuster]

Good point on the 4473...


Sent from my iPhone using Tapatalk 2 of course it ate my spelling.

[DaveTN]

Actually you do. I had an initial problem when I went to get my hcp. They found an old misdemeanor charge against me that had been dismissed. It prevented me from getting my hcp. So I had to get my record expunged and send the paperwork in. Once I submitted the experiment paper work then my hcp application went through and I was issued. So don't day it doesn't need expunged I'm living proof.

Sent from my mind using ninja telepathy.

If it works you can pay for an expungement, but I went through the same thing on a misdemeanor gun charge that was dismissed. The dismissal wasn’t recorded. The TBI couldn’t tell me what was going on. The BATF told me when I applied for my C&R. Contacted the Circuit clerk’s office and they fixed it; cost me nothing.

[DaveTN]

Wrong again. TBI does recognize as that's who I sent my expungment paper work to.

Sent from my mind using ninja telepathy.

Of course they will recognize it if it was a dismissal. They won’t recognize it for a conviction on violent crimes or some crimes involving drugs. There is a case in the courts here now where a guy from (Alabama?) had a drug conviction and has a full pardon from the Governor of that state; Tennessee won’t restore his gun rights.