TICS denied ... I filed appeal... other posts said Call TBI??

[Truckie]

first time ever buying guns today.

 

The background check at FFL denied and they faxed in an appeal and said 15 business days..( so I am guessing, this time of year, I won't hear anything until Mid January????)

 

I do have a Dom. Violence arrest, 5 years ago, but the case was RETIRED

( yes I know a conviction blocks me, but case retired and I have paperwork to show it)

as it was a loud verbal argument not a physical battle and I was arrested to "separate" us so the PD  would not be liable if something horrible would have happened after they had left us alone.

( I personally know the officers who arrested me)

 

and I Just received my TN Security Guard  in the last 30 Days and that had full TBI,FBI, fingerprints, and I think I had to pee in cup.

If I can pass that, I should be able to get purchase approval.

 

I have 3 speeding tickets in 30 years of driving.. all handled

 

I noticed in some other thread posts saying  "Call TBI"... who do you call?

how do I go about fixing or proving my side,  if appeal fails?

 

some posts say you will never know why, and others say call TBI...

FFL said if denied after 15days the state sends out letter explaining it all...    what is the process??

 

any help would be great

[JohnC]

Most of these denials turn out to be records issues or identity problems such as someone with the same name that has a criminal record making them a prohibited person.

 

Check your background and make sure everything is correct with status and disposition. You can visit the criminal court clerks office online where your arrest was and you should be able to see your records. You can also get a TBI background check on yourself for a $29 fee. 

 

If something is wrong, you can get them to correct it I assume.

 

https://sci.ccc.nashville.gov/

 

http://judicialrecords.wilco.org/Search.aspx?ID=100 

 

https://www.tn.gov/tbi/article/background-checks

 

If all that checks out OK, then I guess your last resort is calling TBI. 

Edited December 23, 2015 by JohnC

[TNWNGR]

I wouldn't call TBI until the fifteen days you were quoted have passed. I'd also apeak with an attorney about having the D/V arrest expunged from your records if this hasn't already been done.

[Truckie]

main number for TBI?? extension?  ask for TICS?

[CommsNBombs]

main number for TBI?? extension? ask for TICS?

If the gun store gave you your appeal letter like they are supposed to the number will be on there.

I am sure somewhere in the system there is not a disposition - and if they cannot get an answer in 15 days theyll give you a conditional proceed.

The TICS people wont really be much of a help, theyll just hint at what you are charged with

Sent from my SPH-L720 using Tapatalk

[Truckie]

attorney   told me back then  " retired" means  Like it never happened , but I would think the arrest would still show up on a PD check...  but I will try and track him down and see... I have a copy of the retirement and a copy was sent in with Security guard application and that went through no problem

[Truckie]

Plus I just learned it is 15 CALENDAR DAYS not business days....

so I should know something a lot sooner than I thought....

I found this page....

https://tn.gov/tbi/article/firearm-background-checks-faqs

[Oh Shoot]

You may find, like I'm pretty sure DaveTN did, that you ultimately have to get it fixed with the FBI, or it'll keep getting denied each time.

 

TICS queries NICS of course, and if the fed database still is flawed, it'll happen again.

 

- OS

[Smith]

It won't do any good to call till you get the appeal back.

Keep in mind there are active metro police officers who can't get a HCP due to past records. TN Security guard liscense is much more lenient than HCP.

Your domestic charge is probably not showing a disposition on the federal level. Many people have lawyers that don't bother filing one extra piece of paper that shows the disposition in the federal level. If that is the case, you need to ask your original lawyer to make sure the disposition got pushed to the federal side in addition to the local/state level. Technically it is clear but TICS ruins through the federal system and many times dispositions won't show this thus the denial. It will happen every time till you get that cleared, Assuming that is the issue. Edited December 23, 2015 by Smith

[Cherokee Slim]

Ustawuz when I was a State Trooper way back when we used horses -

 

"Retired" was the first part of the phrase - "Retired with leave to reinstate."  That was meant as a Damocles Sword over an offender to make them change whatever behavior the prosecutor or judge wanted changed.  It was also used for traffic tickets where the person didn't pay and it was too much trouble to go get them for a headlight violation or something.  Sometimes the offender would petition the court after a time to change "Retired with leave to reinstate" to a flat out "Dismissed."  You weren't found innocent but for whatever reason the judge dismissed the charge.

 

Cherokee Slim

[Truckie]

Ustawuz when I was a State Trooper way back when we used horses -
 
"Retired" was the first part of the phrase - "Retired with leave to reinstate."  That was meant as a Damocles Sword over an offender to make them change whatever behavior the prosecutor or judge wanted changed.  It was also used for traffic tickets where the person didn't pay and it was too much trouble to go get them for a headlight violation or something.  Sometimes the offender would petition the court after a time to change "Retired with leave to reinstate" to a flat out "Dismissed."  You weren't found innocent but for whatever reason the judge dismissed the charge.
 
Cherokee Slim

I would guess that's what he meant.. but paperwork only says retired... and the box next to it is checked.... I guess its just a waiting game....

If I am not supposed to have a gun by law, then ....so be it... but I have never been convicted of anything more than paying speeding tickets

after my recent death experience I thought what if they didn't save me how would Mrs. protect herself... but she won't buy and go to classes and range without
me going also so we figured it was time to get armed and trained.

[daddytech]

Plus I just learned it is 15 CALENDAR DAYS not business days....

so I should know something a lot sooner than I thought....

I found this page....

https://tn.gov/tbi/article/firearm-background-checks-faqs

I was just told something completely different by the dealer by which I was denied through he said 15 business days

[Dustbuster]

get that crap expunged and or get a letter from the court approving the expungement and have tbi call the judge signing the approval


Sent from my iPhone using Tapatalk, its either this or smoke signals!

[Truckie]

I guess I gotta research what expunged really is.... my atty said retired was like it never happened and I should not have any issues with it going forward.

[Smith]

I guess I gotta research what expunged really is.... my atty said retired was like it never happened and I should not have any issues with it going forward.

Like I said, if that is the case it is more than likely clerical.

[Truckie]

ok I just googled TN expunged....it was 5 years ago ,all conditions met "Don't let me see you back here for 6 months" .. and I just found my attorney , as he is at a different practice now.... will call him after the holidays , as he had told me if it ever rears its ugly head again to call him...

[TNWNGR]

ok I just googled TN expunged....it was 5 years ago ,all conditions met "Don't let me see you back here for 6 months" .. and I just found my attorney , as he is at a different practice now.... will call him after the holidays , as he had told me if it ever rears its ugly head again to call him...

Yep, that falls into the same practice of a General Sessions judge continuing a D/V charge for 11/29 and with no further charges dismissing the charges. The problem is those charges stay on your criminal history unless your attorney petitions for them being  expunged, which a G.S. judge must approve. This is a common problem in the Judicial System and attorneys aren't going to bring it up unless you take them to task.   

[Jonnin]

Ustawuz when I was a State Trooper way back when we used horses -

 

"Retired" was the first part of the phrase - "Retired with leave to reinstate."  That was meant as a Damocles Sword over an offender to make them change whatever behavior the prosecutor or judge wanted changed.  It was also used for traffic tickets where the person didn't pay and it was too much trouble to go get them for a headlight violation or something.  Sometimes the offender would petition the court after a time to change "Retired with leave to reinstate" to a flat out "Dismissed."  You weren't found innocent but for whatever reason the judge dismissed the charge.

 

Cherokee Slim

 

Minor technicality but no one is ever "found innocent" in our system.   If not convicted (or otherwise found guilty, such as pleading), the person is not an offender and any records of the incident should not have any negative impact on the life of the individual.   I know I would have someone's job if I were being hassled over records kept of a non-incident.   If this is some sort of plead guilty deal, that is different of course. 

Edited December 25, 2015 by Jonnin

[chances R]

Just a general legal question. I was told that a charge,ticket, etc could never be expunged unless it was part of the initial court disposition/record.

[et45]

Had the same thing happen 23 yrs ago.I was told the charge would be dropped after 6 months , 9 months later went to buy a gun and was denied.I had to make several trips to the court clerks office who sent the request for expungement to the judge .Finally got it cleared up.Damned thing about that was what I was charged with(loaded gun in truck) is legal now.

[Truckie]

I googled it and found vids from lawyers that try to explain what CAN be expunged Edited December 26, 2015 by Truckie

[JohnC]

I googled it and found vids from lawyers that try to explain what CAN be expunged

 

Read this and read in to the links...

 

http://ccc.nashville.gov/about-our-services/expungement-information/

 

Expungement Eligibility

• Dismissed, Nolle, No True Bill, Not Guilty, Retired – no fee required.
• Conditional Pleas and/or Pretrial Diversion/Intervention cases may qualify – if so, a $450.00 fee is required.
• All fines/court costs must be paid in full, including expungement fee (if applicable).
• Only, cash, money orders or cashiers checks are accepted.

[Truckie]

Read this and read in to the links...

Thanks John C

http://ccc.nashville...nt-information/



Expungement Eligibility
•Dismissed, Nolle, No True Bill, Not Guilty, Retired – no fee required.
•Conditional Pleas and/or Pretrial Diversion/Intervention cases may qualify – if so, a $450.00 fee is required.
•All fines/court costs must be paid in full, including expungement fee (if applicable).
•Only, cash, money orders or cashiers checks are accepted.




this is good info thanks for posting

I will have to check, as it was a Williamson county case , and I would hope the same info applied..

I will run by Williamson and ask the clerk if my retirement qualifies for expungement,, maybe I don't even need my lawyer

as for this denial even the ATF site said it has to be a conviction to bar gun ownership so hopefully I will hear good news in a week or 2

I am told my guns are still siting at the FFL pawn shop the Georgia dealer uses for TN folks... uGH

[JohnC]

Read this and read in to the links...

Thanks John C

http://ccc.nashville...nt-information/



Expungement Eligibility
•Dismissed, Nolle, No True Bill, Not Guilty, Retired – no fee required.
•Conditional Pleas and/or Pretrial Diversion/Intervention cases may qualify – if so, a $450.00 fee is required.
•All fines/court costs must be paid in full, including expungement fee (if applicable).
•Only, cash, money orders or cashiers checks are accepted.




this is good info thanks for posting

I will have to check, as it was a Williamson county case , and I would hope the same info applied..

I will run by Williamson and ask the clerk if my retirement qualifies for expungement,, maybe I don't even need my lawyer

as for this denial even the ATF site said it has to be a conviction to bar gun ownership so hopefully I will hear good news in a week or 2

I am told my guns are still siting at the FFL pawn shop the Georgia dealer uses for TN folks... uGH

 

I'm not sure about Williamson, but Davidson has a checklist for expungement here:

 

http://ccc.nashville.gov/wp-content/uploads/2014/12/40-32-101g-Checklist-for-Expungement-Petition..pdf

[Truckie]

I Just found some good news!! I think... in my search I found this

3.Retirement, which is basically putting your case off for a period of time to determine if any other violent behavior will occur. A retirement always comes with conditions such as drug or alcohol counseling, batterer's intervention program, monetary contribution to Bridges Shelter of Williamson County, and any other conditions that the
Assistant District Attorney may feel is necessary given the circumstances of your case. **** If completed successfully, the case is dismissed after the retirement period
and does not go on your record.****

my paperwork says 3 months... its been 5 years, gotta see the clerk to make sure all this happened.. or if I still have to expunge it

I also found the no matter what the ARREST will ALWAYS show up to the system but not sure if it will show up to the Public....

I think no matter what I will always get an initial deny on a gun purchase and the appeal should be filed