Background check question

[DaveTN]

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?

Or convicted of DV with court supervision for a period of time ending in a dismissal when completed?

I’d make a call to clerk of the court before I contacted an attorney or paid for anything. It doesn’t cost you anything and you will know how to proceed.

[Guest glen88]

Ok,to clear this up alil so some of you "better than thou" ppl(and i dont mean all)dont think i just lied on the app..this was 20yrs ago and i dont remember EVERYTHING but yes i was arrested on an admitted false report(the judge jumped her ass and threatened to lock her up)the state picked it up(heres where things are screwy)i,along with all that were in court(sister,friend,mom)remember it as the judge dismissed it..i paid the bond,got no jail time but hosently cant remember if there was unsupervised pro or not..in my mind it was over hints why i went and purchased a gun and marked NO on the "have you ever been CONVICTED of a DV..So threw out the yrs ive bought 5 maybe 6 guns "legally" checking No every time.Well 5 days ago i went to Walmart to buy my son his 1st .22 rifle and was denied,which promted me to wonder why..so i go to the local PD for a print out of my record,when i get it all it shows is what i was arrested for,not the end result.So i call and not only do they have the dates wrong by 3yrs but it also says i plead guilty,which i know i didnt(i may have like dave said plead to simple assualt,maybe the dismissle was for dv and guilty of SA im honestly lost)because if i had id have NEVER went to buy the 1st gun in 95 and with it being that fresh they shouldve caiught it if it was DV..so my post was to see if anyone new of a way to tell if it was really there,if it could be expunged or if anyone else had encounted this where their record showed a charge but tics/nics never picked it up

[eRay]

You never know when an old charge might pop up. I did a background check on a customer purchasing a firearm. He was denied. I informed the TICS examiner that there had to be a mistake and to please check it again as this buyer had a Tennessee Handgun permit. She did, then informed me that his handgun permit was being revoked. Turns out he was arrested in California for car theft in 1949. Charges were dropped but the police had never updated the records on the case. Took forever to get his permit back.

[Guest glen88]

Thats what has me concerned as they even have the date wrong by 3yrs and the conviction wrong(as far as the dv)..It seems to me IF they have me with a DV charge and they let me buy that many guns theres something SERIOUSLY wrong with the check system and ANYONE could purposely lie and get a gun..i know some of you will say "they cant catch em all" or "ppl should be truthful" well 1 time is an oversite 5 or 6 is just f*¢ked up

[Patton]

I don't know what date they report but I am not suprised the date is off by three years. Let's get something else out there, domestic violence is one of the only crimes the courts can prosecute without a testifying witness Meaning the police had reason enough to believe your sister initially to arrest you then continue prosecution without a witness. I see it all the time, it sucks. Probably what happened was the preliminary hearing in sessions was thrown out but the evidence was taken before a grand jury in which you were indicted. Now, since it says you plead guilty but didn't you need to go to the courts and explain. It's most likely just a mistake that it says you plead.

..........remember it as the judge dismissed it..i paid the bond,got no jail time but hosently cant remember if there was unsupervised pro or not.

That makes no sense. You paid a bond to get out of jail before your preliminary hearing. You most likely didn't get jail time on top of the initial 12hr+ cooling period before seeing a judge. Now the probation, you must have plead or have been convicted to have been placed on unsupervised or supervised probation.

[Guest glen88]

I get what youre saying but i 100% believed the dv was dropped and still do untill i find out different..i love my guns but id never do anything on purpose that would land me in jail..if i had any reason to think i couldnt legally buy a gun id have never went the legal route,id have bought off armslist or something..untill i was denied and checked,i thought my record was clean except 1 non DQ charge..all i can say is if for some reason they didnt enter it right or have incomplete records,we have one sorry excuse for a sysrem in place that allowed me to buy guns..wtf if i suposedly slipped threw 5+ times think of all the ppl with deadly,assualts,DV or lord knows what that have guns now because they "slipped threw"..im going tomorrow and see what i can find outand yes they give me the form and it was faxed the same day Edited September 29, 2013 by glen88

[Guest glen88]

Im going in tomorrow and see if i can get the minutes of the case or whatever they may have to see if i can tell exactly what im up againtst..im from a backwoods town so maybe they still have the stone tablets it was on..oh and if this isnt enough they also had me downfor driving on Revoke which she checked and was actually a driving without having my DL on me at the time!!her answer was "oh itsok,you werent convicted anyway" wtf

[Guest glen88]

..and something to throw out there..about 7yrs ago my ex mother in law who was staying with me threatened to off herself,so when they come in to get her i wasnt home and they took 23 guns(handguns,rifles,shotguns)untill they knew she was 603'd..they had to run EVERYONE of them to check if they were stolen and what not..it took 3mths..wouldnt they have checked me also since they were giving all back?

[DaveTN]

Glen, it boils down to this… You were convicted or you weren’t. We are all speculating based on what you are saying. If it was dismissed, you don’t need an expungement. If it was a conviction for DV; you need to talk to a Tennessee attorney and see what he tells you will happen with your guns rights if he can get it expunged.

 

It may just be a case where a disposition didn’t get entered. Dismissed, lesser charge, whatever. You can find that out yourself or you can pay an attorney to do it.

 

The fact you were allowed to buy guns at other times, or you aren’t sure what you were convicted of won’t help you if you are arrested with a gun and a DV conviction shows up.

I’m making no judgments about you but your story is confusing. I’ve never heard of Judge convicting someone when the victim says in open court that they lied and falsified a Police Report. Yes, the state can prosecute you without a complaint from the victim, but if you were in court that was already happening; they didn’t need to “pick it up”.

 

But none of the story of how it happened will have one bit of impact on what happens to your ability to buy a gun. In my case I knew the gun charge was dismissed, in your case you don’t for sure what happened. You need to find that out first; and it’s not hard.

 

If you have a DV conviction it is addressed by both state and federal law concerning your gun rights, and you will need an attorney to try to get them restored.

[Dolomite_supafly]

Ok,to clear this up alil so some of you "better than thou" ppl(and i dont mean all)dont think i just lied on the app..this was 20yrs ago and i dont remember EVERYTHING but yes i was arrested on an admitted false report(the judge jumped her ass and threatened to lock her up)the state picked it up(heres where things are screwy)i,along with all that were in court(sister,friend,mom)remember it as the judge dismissed it..i paid the bond,got no jail time but hosently cant remember if there was unsupervised pro or not..in my mind it was over hints why i went and purchased a gun and marked NO on the "have you ever been CONVICTED of a DV..So threw out the yrs ive bought 5 maybe 6 guns "legally" checking No every time.Well 5 days ago i went to Walmart to buy my son his 1st .22 rifle and was denied,which promted me to wonder why..so i go to the local PD for a print out of my record,when i get it all it shows is what i was arrested for,not the end result.So i call and not only do they have the dates wrong by 3yrs but it also says i plead guilty,which i know i didnt(i may have like dave said plead to simple assualt,maybe the dismissle was for dv and guilty of SA im honestly lost)because if i had id have NEVER went to buy the 1st gun in 95 and with it being that fresh they shouldve caiught it if it was DV..so my post was to see if anyone new of a way to tell if it was really there,if it could be expunged or if anyone else had encounted this where their record showed a charge but tics/nics never picked it up

I am not trying to be holier than thou. Just stating that if you were convicted of DV and you marked "NO" on the form you bought a gun you broke the law. That is not being holier than thou, that is stating a fact. Just because you got away with it doesn't change the fact you broke the law if you purchased a gun after being convicted, by plea or not, of domestic violence. Just because the government didn't catch you the first 6 times doesn't mean they are the ones at fault here.
 

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

In the OP you said you WERE convicted. This tells me you belived you had been convicted of DV. If the charges were dismissed it then you have nothing to worry about but you went from being found guilty to it being dismissed in less than 10 posts. I know if I was arrested for something, not matter how long ago it was, I would remember what charges I had and if I was convicted of those charges or not. If there is a valid reason to deny a gun purchase it will likely prevent you from getting a HCP.
 
I am pretty sure you would NOT get denied a gun purchase for a simple assault or an assault case that does not have the disposition. That might get you denied for a HCP but not for a gun purchase. Seems to me it would have to be something a bit more serious than a simple assault for them to deny a gun purchase. Could be the DV charge was never dismissed in the computer after you were charged with the simple assault.
 
Either way the ball is rolling because you were denied. They are going to look into why you were denied and if it was in error then you will not be in trouble or hear anything more about it. But if you were convicted of DV then during the investigation they will look into your history of purchasing guns and find out about the other guns you have purchased. Then they will go to those shops you purchased the handguns from and secure the forms you filled out when you bought those guns. Then, in the end, if you were convicted of DV and you marked "NO" to the question you might find yourself in trouble, serious trouble. This is exactly what ALL sides of the gun control debate are wanting, to enforce current laws and punish those who buy guns illegally.
 
Also, you only mentioned handguns but a DV conviction not only bars a person from owning hand guns but also long guns.
 
Did you file an appeal at the store you were denied at? Errors are made all the time but you MUST file an appeal to find out if the denial was made in error.

[DaveTN]

Here is a link to recent stories of two men, one given a Presidential Pardon by Obama, the other given a full Pardon from the state in which he was convicted. Tennessee refuses to allow them to purchase guns.

http://www.timesfreepress.com/news/2013/apr/15/whats-a-pardon-worth/

 

Both those cases are felonies, but the statute the TBI is pointing to also covers DV convictions (39-17-1307).

http://www.lexisnexis.com/hottopics/tncode/

[Oh Shoot]

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.

 

Almost certainly you did not get an expungement. Rather, your charge simply did not have a proper disposition on file as to the outcome. They will deny HCP in all these type cases, even if the charge is not a disqualifying one if convicted.

 

You simply got the record annotated to show the outcome of the case. Unless it was a misdemeanor conviction for DV or stalking, a misdemeanor conviction would not keep you from getting HCP anyway. However, any charge that does not show a final resolution will stop the process until the record is straightened out.

 

- OS

Edited September 29, 2013 by Oh Shoot

[Dustbuster]

Ask the court clerk for the file if u can't look it up yourself on their computer. Look at the disposition. Be advised if its old it may be in archives and u may have to wait to get a peek at it. Don't confuse this w retired or dismissed. Ask the clerk to tell you exactly what the disposition is.something I thought of is if the case is old it may have never been entered into any system after monies were paid...it's happened before...
Hope this helps


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

[Guest glen88]

Ask the court clerk for the file if u can't look it up yourself on their computer. Look at the disposition. Be advised if its old it may be in archives and u may have to wait to get a peek at it. Don't confuse this w retired or dismissed. Ask the clerk to tell you exactly what the disposition is.something I thought of is if the case is old it may have never been entered into any system after monies were paid...it's happened before...Hope this helpsSent from my iPhone using Tapatalk 2 of course it ate my spelling.

Thanks for the info,ill def see what i can find tomorrow on the case..its a 20yro case and the only $$ was the bond to get out

[Guest glen88]

Guys id like to thank you all for any and all info and input on the matter..and if i offended anyone with any of my comments ill say im sorryas that wasnt my intention at all,im just as confused as anyone else and dont want anyone to think that i set out to break the law in any way,muchless 5 times..id have never posted here or be contacting my local PD or appealing the matter if id thought i was..ive found out things with this post it wouldve took weeks to find..i do have 1 more question,if they say im DQ'd from owning,what do i do with the guns i already own?can i transfer them to someone?and cant someone 18 own but not buy in Tn?...again thanks for all the info Edited September 29, 2013 by glen88

[Guest glen88]

Here is a link to recent stories of two men, one given a Presidential Pardon by Obama, the other given a full Pardon from the state in which he was convicted. Tennessee refuses to allow them to purchase guns.
http://www.timesfreepress.com/news/2013/apr/15/whats-a-pardon-worth/
 
Both those cases are felonies, but the statute the TBI is pointing to also covers DV convictions (39-17-1307).
http://www.lexisnexis.com/hottopics/tncode/

Thanks for the links,very interesting for sure.I just hope if i need something expunged that "felony" is the key word

[DaveTN]

Thanks for the links,very interesting for sure.I just hope if i need something expunged that "felony" is the key word

It won’t be, felony is not even an issue in your case. That statue also specifically addresses the crime of misdemeanor domestic violence. (If that is what you were convicted of)

[Dolomite_supafly]

You can sell give them to anyone who is at least 18 years old and is a Tennessee resident as long as you believe they are not barred from owning a firearm. Personally, I would have them sign a bill of sale to prove you no longer own them.

[Guest tdoccrossvilletn]

I get what youre saying but i 100% believed the dv was dropped and still do untill i find out different..i love my guns but id never do anything on purpose that would land me in jail..if i had any reason to think i couldnt legally buy a gun id have never went the legal route,id have bought off armslist or something..untill i was denied and checked,i thought my record was clean except 1 non DQ charge..all i can say is if for some reason they didnt enter it right or have incomplete records,we have one sorry excuse for a sysrem in place that allowed me to buy guns..wtf if i suposedly slipped threw 5+ times think of all the ppl with deadly,assualts,DV or lord knows what that have guns now because they "slipped threw"..im going tomorrow and see what i can find outand yes they give me the form and it was faxed the same day

Ignorance of the law is no excuse. Even if they are the ones that made the mistake guess who's going to jail? Not the court clerk.

Sent from my mind using ninja telepathy.

[Guest tdoccrossvilletn]

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.

Didn't cost me a dime. It got me my hcp. mine was a reckless endangerment charge.

Sent from my mind using ninja telepathy.

[Guest tdoccrossvilletn]

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.

For the last time. TBI did a back ground check. Found an old charge that had been dismissed. I initially sent them paperwork from the clerk showing it had been dismissed. They said that was not acceptable they needed expungement paperwork. So I got it expunged and sent the expungement paperwork in. I was then issued my HCP. If they take dismissal paperwork then how come they said they don't and I had to send expungement paperwork. I hate it when know it all people get on sites and give people misinformation.

Sent from my mind using ninja telepathy.

[Guest tdoccrossvilletn]

[quote name="glen88" post="1040940" timestamp="1380468794"] Ok,to clear this up alil so some of you "better than thou" ppl(and i dont mean all)dont think i just lied on the app..this was 20yrs ago and i dont remember EVERYTHING but yes i was arrested on an admitted false report(the judge jumped her ass and threatened to lock her up)the state picked it up(heres where things are screwy)i,along with all that were in court(sister,friend,mom)remember it as the judge dismissed it..i paid the bond,got no jail time but hosently cant remember if there was unsupervised pro or not..in my mind it was over hints why i went and purchased a gun and marked NO on the "have you ever been CONVICTED of a DV..So threw out the yrs ive bought 5 maybe 6 guns "legally" checking No every time.Well 5 days ago i went to Walmart to buy my son his 1st .22 rifle and was denied,which promted me to wonder why..so i go to the local PD for a print out of my record,when i get it all it shows is what i was arrested for,not the end result.So i call and not only do they have the dates wrong by 3yrs but it also says i plead guilty,which i know i didnt(i may have like dave said plead to simple assualt,maybe the dismissle was for dv and guilty of SA im honestly lost)because if i had id have NEVER went to buy the 1st gun in 95 and with it being that fresh they shouldve caiught it if it was DV..so my post was to see if anyone new of a way to tell if it was really there,if it could be expunged or if anyone else had encounted this where their record showed a charge but tics/nics never picked it up[/quote] Again ignorance (can't remember didn't know etc) is no excuse they will burn you to the ground and say that you lied on the form. It's the saying "Ignorance of the law is no excuse in a court of law" Sent from my mind using ninja telepathy. Edited September 30, 2013 by tdoccrossvilletn

[Guest tdoccrossvilletn]

I get what youre saying but i 100% believed the dv was dropped and still do untill i find out different..i love my guns but id never do anything on purpose that would land me in jail..if i had any reason to think i couldnt legally buy a gun id have never went the legal route,id have bought off armslist or something..untill i was denied and checked,i thought my record was clean except 1 non DQ charge..all i can say is if for some reason they didnt enter it right or have incomplete records,we have one sorry excuse for a sysrem in place that allowed me to buy guns..wtf if i suposedly slipped threw 5+ times think of all the ppl with deadly,assualts,DV or lord knows what that have guns now because they "slipped threw"..im going tomorrow and see what i can find outand yes they give me the form and it was faxed the same day

Again,

Your not understanding. It doesn't matter what you thought. In the states and feds eyes your culpable. They now have proof you lied on 4473 forms. Several to be exact. I think if I were you if contact a lawyer now.

Sent from my mind using ninja telepathy.

[Guest tdoccrossvilletn]

..and something to throw out there..about 7yrs ago my ex mother in law who was staying with me threatened to off herself,so when they come in to get her i wasnt home and they took 23 guns(handguns,rifles,shotguns)untill they knew she was 603'd..they had to run EVERYONE of them to check if they were stolen and what not..it took 3mths..wouldnt they have checked me also since they were giving all back?

Nope not necessarily

Sent from my mind using ninja telepathy.

[Guest tdoccrossvilletn]

Almost certainly you did not get an expungement. Rather, your charge simply did not have a proper disposition on file as to the outcome. They will deny HCP in all these type cases, even if the charge is not a disqualifying one if convicted.

You simply got the record annotated to show the outcome of the case. Unless it was a misdemeanor conviction for DV or stalking, a misdemeanor conviction would not keep you from getting HCP anyway. However, any charge that does not show a final resolution will stop the process until the record is straightened out.

- OS

Y'all know it alls think you know everything. The paperwork said "expungement" on it. I moved recently but if I can find it I'll scan the documents and post them on here.

Sent from my mind using ninja telepathy.