Can i get a foid card with a felony???

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blazerboy813

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Ok, This is my story. When i was just out of high school i got in a fight with my brother long story short i got a misdemeanor charge and a few years later a got a felony for attempt to obstruct for a crime that i was never involved in. I applied for a foid card and was denied because i answered yes to a felony. Now all of this took place over 14 years ago. My civil rights has been restored a long time ago. Should i reapply answering no to the felony question? Will i ever be able to get a gun card? it seems like im going around in circles trying to find this question out. Tried to contact a few attorneys about this issue with no luck. Can anyone help answer this for me?
 
I've got 2 friends that have gone through the process, and if you had the felony charge expunged, then you can answer "No" and you can get a FOID. (both friends did)
 
If your record has been 'expunged' and is no longer on your 'rap sheet', then I would say yes.

Is there a way for us mortals to run a NCIS{sic} check on ourselves?.....
 
FOID is a State thing and I would bet that it varies State to State. Would you pass, yes, would it be a crime, maybe. If you applied once they have that record. If you change your answer one is a false application. I would check with the AG in your State.
 
It will come down to if you actually got what is known as having your record (or particular charge) "expunged".

If you did, then as far as the law is concerned, it never happened, therefore you can legally answer "No" when asked about whatever was expunged. (entire record or specific charge)
 
You need a good attorney who is familiar with the specific gun laws of your state, not guys on a website-- no matter how well intentioned they may be. .
 
drsfmd is correct, in both cases, my friends had to have an attorney file the cases to have their records expunged, (if you haven't already).
 
got in a fight with my brother long story short i got a misdemeanor charge

If you were convicted on this charge, it could be a DQ as well....
 
You need to talk to an attorney. In addition to your felony charge being disqualifying unless it is expunged, the misdemeanor conviction may also be disqualifying if it is considered domestic violence.
 
blazer,you will have to get the documentation restoring your rights and all the case documentation dispositions and then consult an attorney in your state.contact nra legal for a list.the fight with your brother may/may not be a problem ref domestic abuse?
 
That's what I was what I afraid of. Sound like I need a good attorney. I should probably mention that I live in illinois. I have talked to some local attorneys with no knowledge on the gun laws in illinois and what little bit of info I can find is that a felony can't not be expunged unless you get a pardon from the governor personally. I thank all of you for the help. At least now I know where to find a good attorney that is familiar with illinois gun laws. I just hope its going to cost a ton of money.
 
Not trying to be picky here but just how is it you "got" a felony for a crime you weren't involved in? A felony conviction is very serious, I can't see a prosecutor, judge or jury convicting you of a felony if you weren't involved.

In any event, if you do have a felony conviction you need to get it vacated or expunged if your state has a legal procedure in place to do so, and you meet the criteria. A skilled lawyer will be essential for anything but the simplest case. And if you do hire one, look for a good one with proven results, this isn't the time to take the low bid.
 
Not trying to be picky here but just how is it you "got" a felony for a crime you weren't involved in? A felony conviction is very serious, I can't see a prosecutor, judge or jury convicting you of a felony if you weren't involved.


I don't know how honest the OP is being about the charge, but a felony for an obstruction or something similar can be quite minor.
Essentially it can be something such as lying to investigators.
Lying can be as simple as claiming to know nothing about something you do know about in order to avoid being a witness against a family member.
It can also be something like removing evidence to keep a family member from getting convicted before they can serve a warrant or find it in a probation.parole or similar search. Know brother has something illegal? Get rid of it before the cops show up to keep him from getting in trouble and they can prove that? That can be a felony.
Destroy paper documents, delete computer files, or something similar to erase evidence of a crime like fraud or many other crimes commonly investigated by going through such records, it can be obstruction.
If a prosecutor feels they could have convicted that family member or friend, or convicted them of additional charges, had you not removed that evidence they may go after you for obstruction even though you were not involved in any of the crimes.
Know where your wanted family member is, and say you have not heard from them, yet phone records show they just talked to you recently? Felony.
Felonies are quite easy these days, they don't take much.



Think about felon Martha Stewart. She was found guilty of nothing except for lying to investigators, a felony. She was not found guilty of any of the original charges if I recall, but rather lying to the investigators that were investigating those charges.


You have the right to be silent, but not the right to tell a lie. (Sometimes they even try to remove the right to be silent, and force you to speak against others with some legal manipulation to get around the 5th Amendment.)
 
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I suppose it's possible to rationalize most "minor" felonies, but being convicted of one remains an obstacle to firearms possession; the OP has his work cut out for him.
 
Its simple. politics! Some I know stole a jet ski and came to me asking if he could buy my old jet ski so he could switch the vin. Tag not knowing what his intentions were. I was a kid I could not afford an attorney and the detective was retiring and was looking to arrest as many people as he could. Plus it was election time. I read the report and its obvious that I shoulda never been charged with any kind of crime. I'm sure that the judge did not read the report. obviously.
 
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Zoogster. I being 100% honest about this and what you posted sounds about right. It's just that my word about not knowing anything about the theft was not enough to convince the prosecutor. Yes I did tell the detective that I did not want anything to do with this kid. He has a long history of theft and burglary. To this day I still feel the the court took advantage of me, my age and my ignorance.
 
To this day I still feel the the court took advantage of me, my age and my ignorance.
I'd use, perhaps, less scornful language when asking nicely to have your rights restored. You may also want to contact your IL Rep. to see if his/her office can offer advice or assistance in this matter. Offentimes they can and will; but please forget your anger about the situation first or you'll spin your wheels. Good Luck.
 
Not so sure I would say that I'm angry as much as I would say that I'm just exhausted and frustrated with not being able to get a good job, not being able to travel, ect. All because of this issue that was brought upon me by someone else. Good advice tho. I know that dealing with government is a fine line when it comes to representation. I know that i might come off as a low class citizen with my grammar and my lack of care for my pronunciations on a forum but I can a sure you that I'm not. Just a bit lazy.
 
If you were a kid, as in not an adult, you should have an easier time getting this thing sealed. It does sound as if the prosecutor wanted to make an example out of you which is unfortunate.

Keep in mind there are generally two degrees of felony vacation, the easier one to get is a where your second amendment rights are restored, the other is for all intents like getting a pardon where it's gone, for good. Simply having your second amendment right restored may or may not help with respect to job prospects, it all depends how the employer performs the background check. Many of them go far beyond the basic State Patrol background check which of course will be "clean". If they hit the public court database they may very well find out anyway.

All that's a long way of saying that whereas restoration of firearms rights entitles you to answer "no" to felony conviction on form 4473, it doesn't mean the same answer will be treated in a similar fashion by prospective employers, if they did deep and discover it.

Based on your story, if I were you, I'd be thinking real hard about trying to get the governor to pardon me. Especially where employment comes into the picture. Heck, I read every day almost about multi-time offenders getting barely a slap on the wrist for serious crimes, it's a joke. You may have a good case for over-zealous prosecution, bad lawyering, hanging judge, you name it.

Good luck!
 
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