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

[Truckie]

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.

Williamson county doesn't have a web thing like this... so I took my court papers to the clerk today...
I was told that if my attorney turned in all required info for the retirement ( and I am not "wanted", so he must have) that the case becomes
dismissed... I asked for proof of dismissal and was told they would do one better and pull the file from achieves ( its 5 years old) and if
all was in order they would expunge it on all levels at no cost $$ (state and federal) ( they said State may currently not know the
disposition of my case)
which would tell me that the state may not be able to directly approve and make it CONDITIONAL PROCEED... If that happens I will ask FFL to look at all my paperwork (and my wife said she wants to go there with me to show him she is safe)... or hold the guns unit I get the
expungement letter and then let me have the guns.

It will take a week because of the holiday. They said they will mail me expungement or call me if anything else is missing from file or needed info.. I have copies of everything they required just incase, so this should be a done deal.

Now Just waiting to hear from FFL on my appeal...

A coworker, that used to work at an FFL ,said if totally denied to try and figure out why and fix and that there is a 30 Day waiting period to
reapply to TICS which would give me time to fix anything... hopefully I am not way off base here,

[Patton]

Call down there and let Greg know at Quick Cash that you are working on getting everything straight.

[Truckie]

Call down there and let Greg know at Quick Cash that you are working on getting everything straight.

I am waiting for him to call me with the appeal results... was going to have my ducks in a row if it goes conditional proceed,,,

is it your experience that he will hold guns for folks to clear up this stuff, ?? or does he have a hard and fast rule that conditional proceed
means NO GUNs ... it sounds like you know him personally

[Dustbuster]

An expungement done properly and complete removes that arrest info from the FBI ncic system which is what TBI uses to run the bg check. That system only shows the arrest and not the disposition of the case. If you've been mug shotted and fingerprinted, you are probably in ncic. The expungement removes all records of the arrest and is supposed to remove the info from ncic. Make sure the clerk sends the scrub request to TBI, which then goes to FBI to have them remove the arrest information. There is a copy of that request that the clerk should give you when doing the expungement. Many times the clerk forgets that important part.
After 4 to 6 weeks it should be gone from ncic. Once it's gone buy freely!!

[DaveTN]

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

Yes, but mine was a non-disqualifying misdemeanor (gun in my car in Illinois) and the charges were dismissed. I had to get paperwork from the court showing the disposition as dismissed. I don’t know the legal ramifications of “retired”.

I do know that “expunged” is way overrated. Arrest records are rarely pulled. But it might get it out of the Feds records. Then there is the case of the guy who had a full pardon and the state still refused to restore his gun rights.

But yes, it will probably happen again if it doesn't get marked "dismissed" or get out of the database.

OP: It sounds like you are on the right track and have an attorney if you need one; good luck.

[Truckie]

well 15 calendar days is up on the 6th... so we will know shortly , what happened or what to do next.

FFL said he will hold guns for me no problem until I can get this figured out....

Mrs. already saying "just give up and get money back"... but told her of importance of her learning to protect herself if I ever die and don't comeback again... Had her watch The movie " the Perfect Guy" where he stalks the crap out of the lady only after a few dates... she said
"maybe we should get the gun thing handled" LOL

[DaveTN]

When did these appeals start taking so long? I had it happen to me twice and both times I got a call from the FFL in about three days to pick the gun up.

[Truckie]

I am continuing to post here as hopefully my adventure will help someone else if they ever have to go through this.

Today I went back to the court clerk just to check on expungement ,and good thing I did, because they could not find my file... they finally did and started the expunge process...

I did find on TBI site that they can expedite expunge for firearms purchase, so I have to get clerk to fax in to a special number tomorrow..
(see below)

https://tn.gov/tbi/article/diversions-expungements in the FAQ document:

" you can get it expedited for:
1. Fingerprints- JOB or CARRY PERMIT
2. FIREARM PURCHASE
3. ADOPTION"

If you Call TICS, and choose appeals, you get a message that says due to high volume they are not taking phone calls and to call your FFL..

Today is Day 15 of my appeal... so I called the FFL. He has heard nothing, but said he got one back yesterday that was faxed in on 12/15/15

Mine was Faxed 12/22/15 (he said he gets them back in date order) so he said call back in a week as , it looks like TICS is about
a week behind.

I don't really mind the extra wait.... but the rules say "15days" and if can't be done by then, a "Conditional Proceed" gets issued

My guess is they can't physically get to the forms in 15days to issue that "Conditional Proceed"

to be continued.....

[TripleDigitRide]

They are the government. Rules are mere suggestions, as far as they're concerned.

[Truckie]

I did speak to an attorney to get better understanding.. in general said too soon to need an attorney but his info was helpful... he said 15 days for appeal
decision is the law and if can't research it properly in that time they
should automatically approve or at a minimum
"Conditional proceed" He said let it alone right now...

he said if they are running behind they may just quickly try and figure it out and since no convictions approve it

I did Learn you cannot appeal the appeal... also I learned that you can fax in an appeal with supporting documents

He told me if I get denied and wait for my expungement to complete and start over on the same already PAID FOR guns..

if still denied appeal again and fax my expungement packet with the appeal form...

If still having issues get with attorney...

[zybysco]

We got one back yesterday from 12.22.15.

[Truckie]

We got one back yesterday from 12.22.15.

Chattanooga?? that is where I did mine... are you my FFL?

[crossfire]

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)

 

All this over some " loud verbal argument" 5 years ago. Good reason to never argue with a woman, you can't win. :wall:  :hiding:

 

Good luck with the gun buy and I hope it all works out for you. :wave:

Edited January 8, 2016 by crossfire

[Patton]

Chattanooga?? that is where I did mine... are you my FFL?

No, he is not. I know both guys.

[Truckie]

All this over some " loud verbal argument" 5 years ago. Good reason to never argue with a woman, you can't win. :wall:  :hiding:
 
Good luck with the gun buy and I hope it all works out for you. :wave:

Oh sure.... NOW you tell me... LOL

[Truckie]

UPDATE --- I ended up getting letter from TICS "conditional proceed.. and talked to TBI they said just reapply when expungement goes through.. if denied instantly again... fax expunge papers with the appeal and should be good to go

[JohnC]

UPDATE --- I ended up getting letter from TICS "conditional proceed.. and talked to TBI they said just reapply when expungement goes through.. if denied instantly again... fax expunge papers with the appeal and should be good to go

I'd buy another gun right there on the spot just to get it in the system. :yes:

That said, why can't TBI update their records? Did they not receive the expungement yet before you got the proceed?

This system needs fixing. They need better regulations to make them keep the records system updated and accurate.

Just imagine if you didn't know something like this was messed up on your record and you were getting denied jobs because of it. :down:

[zybysco]

I'd buy another gun right there on the spot just to get it in the system. :yes:

That said, why can't TBI update their records? Did they not receive the expungement yet before you got the proceed?

This system needs fixing. They need better regulations to make them keep the records system updated and accurate.

Just imagine if you didn't know something like this was messed up on your record and you were getting denied jobs because of it. :down:

He got a conditional proceed. That means whatever agency denied him never responded to TICS. That means the gun store CAN sell him the gun, but they are not required to do so. An overturn would mean they received his expungement. Something is still amiss for him.

[Truckie]

He got a conditional proceed. That means whatever agency denied him never responded to TICS. That means the gun store CAN sell him the gun, but they are not required to do so. An overturn would mean they received his expungement. Something is still amiss for him.

correct "conditional proceed"... The court did not respond in the 15 days so TBI puts it on the FFL to make the call... there seems
to be liability to it.... I have not gotten my expungement papers back yet. I guess my wife could go buy 2 completely different guns but think we will just wait at this point

[zybysco]

I'm betting they will sell it to you. Call them tomorrow and see if you can pick it up.

[Truckie]

I'm betting they will sell it to you. Call them tomorrow and see if you can pick it up.

NOPE.... called them today... doesn't want responsibility... I have already paid for guns....

[zybysco]

Wow. They aren't responsible. They did their due diligence. I'm sorry. That sucks.

[Truckie]

and original FFL sounds like they want restock fee so just wait a few months and try again on same guns

I have a car to work on in the mean time... and recover from my heart attack

[LagerHead]

I'd buy another gun right there on the spot just to get it in the system. :yes:

That said, why can't TBI update their records? Did they not receive the expungement yet before you got the proceed?

This system needs fixing. They need better fewer regulations to make them keep the records system updated and accurate because the current ones aren't doing anything but making it harder for decent human beings to exercise their natural rights.

Just imagine if you didn't know something like this was messed up on your record and you were getting denied jobs because of it. :down:

 

Fixed that for ya. ;)

[Troutburger]

I wouldn't think there are many FFL's that would complete a transfer on a conditional proceed.