Can She Pass a Background Check?

[TripleDigitRide]

A female friend wants to obtain her Tennessee Handgun Carry Permit. She was arrested for embezzlement (felony) in 1998. This happened in Nebraska, if it matters. She successfully completed a pretrial diversion. She did not have the record expunged after completing the diversion, if that's even necessary.

I suggested she go to a gun store and let them run a background check. She called one, but they wouldn't run a check unless she tried to buy a gun. Plus, she's more concerned about the embarrassment of possibly being denied in a gun store full of people. 

What do you smart people think? 

 

[Steelharp]

Go to the sheriff's dept. They will run a background. Then you'll know.

[Hozzie]

Call Nebraska where she was arrested and ask. No need to run a background.

[Murgatroy]

If she didn't have it expunged odds are good it is still on there.

Edited June 29, 2016 by Murgatroy

[DaveTN]

Pretrial diversion generally means charges were dismissed. However, that doesn’t mean her records will show a final disposition. Not having a disposition is a common cause for being refused on a gun purchase. Unless she knows a cop that can run a background check, the best source of information she has will be the court clerk where her case was handled. They should only be a phone call away.

Edited June 29, 2016 by DaveTN

[Spiffy]

It would cost money but you can use one of those background check services online like people do for nanny's and stuff.

[Oh Shoot]

46 minutes ago, Spiffy said:

It would cost money but you can use one of those background check services online like people do for nanny's and stuff.

Unless you really know that any given check uses exactly the same databases used by both NICS and TICS, you'll still never know for sure until you do a 4473.

- OS

Edited June 29, 2016 by Oh Shoot

[Steelharp]

On 6/29/2016 at 5:16 PM, Oh Shoot said:

Unless you really know that any given check uses exactly the same databases used by both NICS and TICS, you'll still never know for sure until you do a 4473.

- OS

Which is why I suggested the sheriff's dept. They will use TICS, I believe. I have suggested this over the years to several customers, and it has worked well.

[MP Miller]

Buy a cheap gun or apply for a permit.

[Steelharp]

3 hours ago, MP Miller said:

Buy a cheap gun or apply for a permit.

Both of which will cost you a lot more money than just going to the pd.

[Ropin4gold]

TBI does background checks for like 39 bux. I suggest calling them. 

[Oh Shoot]

5 minutes ago, Ropin4gold said:

TBI does background checks for like 39 bux. I suggest calling them. 

$29, but only checks within state of TN.

FBI check is $45 but checks nationwide.

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

 

- OS

[TripleDigitRide]

On 6/29/2016 at 7:02 AM, Steelharp said:

 

Edited July 1, 2016 by TripleDigitRide

[TripleDigitRide]

She went to a local gun store and was denied. She's now in the appeals process. We shall see what they say. 

[Steelharp]

13 hours ago, TripleDigitRide said:

She went to a local gun store and was denied. She's now in the appeals process. We shall see what they say. 

They will either approve her, give a conditional proceed, or keep the denial. They will not tell her what it was for. If she remains denied, she will have to get a lawyer to explore and defend.

[Oh Shoot]

7 hours ago, Steelharp said:

They will either approve her, give a conditional proceed, or keep the denial. They will not tell her what it was for. If she remains denied, she will have to get a lawyer to explore and defend.

??

"Notification of Receipt of the Appeal

If you were denied, the AST (FBI Appeals Service Team) will respond by providing you with the general reason for denial within five business days of the receipt of your inquiry.

and

"If the AST is unable to resolve your appeal, you will be provided referral information to contact the agency maintaining the record on which your denial or delay was based."

https://www.fbi.gov/about-us/cjis/nics/appeals/nics-guide-for-appealing

 

[Steelharp]

Going on experience from customers... I suppose TICS is run a little different than NICS. No one has told me that TICS gave them any info.

[Oh Shoot]

2 hours ago, Steelharp said:

Going on experience from customers... I suppose TICS is run a little different than NICS. No one has told me that TICS gave them any info.

Oh okay, I gotcha. Forgot about the TICS intermediary, sorry.

The TICS info page about denial/appeal does state they will attempt to resolve any non-finalized disposition of a charge, but you're right, they don't really state they'll let you know exactly what it was, so really is unclear just how you find that out. I guess you have to do the FBI NICS appeal too to do that.

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

- OS

[DaveTN]

Well now you know some things. Assuming her embezzlement charges were the only charges against her; either they weren't dismissed as part of a diversion deal, or the disposition of the charges being dismissed wasn't properly reported at the end of her case. Part of any diversion for embezzlement would almost certainly require restitution; until that was paid the charges wouldn't be dismissed.

 

She can pay for a background check to confirm what she already now knows, (the record is there) or she can contact the Circuit Clerk or Court Clerk in Nebraska and she whats going on. Expungement is not necessary if the charges were dismissed. (although it might help in the future)

[Monkeybat]

I feel like the "felony" rule really should only apply to violent felonies.  Any other reason we should deny someone who isn't violent?

Just a thought, but I'm pretty uninformed on the subject.  I just stick to the rules so I never have to deal with issues.

 

[DaveTN]

45 minutes ago, Monkeybat said:

 Any other reason we should deny someone who isn't violent?

 I just stick to the rules so I never have to deal with issues.

 

Actions have consequences? Don't be a criminal; and teach your kids not to be criminals. Isn't that why you stick to the rules?

[macville]

50 minutes ago, DaveTN said:

Actions have consequences? Don't be a criminal; and teach your kids not to be criminals. Isn't that why you stick to the rules?

Except remember that it's very easy these days to commit a felony on things that shouldn't even be a crime.

[DaveTN]

9 minutes ago, macville said:

Except remember that it's very easy these days to commit a felony on things that shouldn't even be a crime.

That may be, but embezzlement is theft and that isn't one of them.

Do I care if non-violent convicted felons can buy guns? No, I couldn't care less one way or the other.

Do I want my taxes to pay the salaries of those that would be required to do the paperwork and keep track of which felons are eligible and which felons are not? No, not a cent.

 

 

 

 

[Monkeybat]

14 minutes ago, macville said:

Except remember that it's very easy these days to commit a felony on things that shouldn't even be a crime.

This.  

[DaveTN]

24 minutes ago, macville said:

Except remember that it's very easy these days to commit a felony on things that shouldn't even be a crime.

 

10 minutes ago, Monkeybat said:

This.  

Such as? Not saying its not true; just give me an example of some I should care about, and that actually happen.