Form 4473-Did not know I had a felony on my record

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I cannot afford a lawyer.

If you can afford guns, you can afford a lawyer. It is all about prioritizing. A felony conviction is a severe anchor around your neck. You need to get in touch with a local lawyer ASAP and see if you can get this straightened out.

No matter how competent the members, and lawyers, on this board are- you need a local attorney to figure out what exactly happened with your bad check case. Did you plead guilty and take probation, did you enter PTD? Did you violate probation which caused entry of the conviction? If you do not know the answers to these questions you are not equipped to fight this battle, and you need to find someone who is.
 
Whether he perjured himself on the 4473 depends on whether he knowingly lied or not.

A lot of people would probably find it hard to believe that someone convicted of a felony did not know he was a felon.

However, on the other hand, if his status as a felon has not affected his life in the way it is meant to, by depriving him of civil rights, for many years, then it's quite plausible that he believed he was not a felon.

I would definitely talk to a lawyer.

This could lead to you losing your job or even going to jail.
 
even if he is a felon, shouldn't he still be able to own firearms due the FOPA's clarifaction of convicted felons?

Anyone who has been convicted in any court of, a felony punishable by imprisonment for a term exceeding one year, excluding those crimes punishable by imprisonment related to the regulation of business practices.

Wouldn't passing a bad check be a "business practice"? Theoretically, he shouldn't be barred.
 
Azmjs,
I really thought since it was dismissed, that it would not show up. Dismissed in 2004. I truly thought I plead to a misdemeanor. I was a long time ago-- about 14 years ago
 
Has it come up with hiring, voting, or anything like that since 2004?

If you've been able to vote, get a job, etc, then you've got a compelling case that you had a good reason to believe that you were not under a felony conviction.

One way or another, its best to get it taken care of, and that will more likely than not require a lawyer in order to ensure it is done right.
 
Azmjs,
Nope passed all types of background for work, registered voter, etc. I'm praying rifleman is right from his earlier posts that the chances are next to zero that anything will happen---- I only tried to purchase a single gun for protection ,not several, nor was is an automatic weapon. and I'm not a violent or drug offender. FYI, I lost my job after I applied for the gun, so even if approved I would not have been able to afford. Gun store said I was denied, and did not know the reason, gave me the NTN number.
 
I really thought since it was dismissed,

Why would it be dismissed if you plead guilty?

Something is wrong with your whole understanding.

It took more than a simple 'mistake' of a bounced check to get that conviction.

Probbaly refusing to make good on the check raised enough ire from the person you owed the money they pushed a DA to bring charges.
 
I wouldn't worry about getting in trouble from the ATF, and the only thing they could go after you for was perjury on the 4473, but it's only perjury if you know you're not telling the truth and intend to deceive them.

The fact that you can register to vote, etc, should not only prove that you had good reason to believe you were telling the truth, but that the real mistake here is the NICS gun background check denying you.

You should at very least contact the court that this originated in and see if you can have them fix it yourself, and bear in mind that in the long run it would probably be worth it to get a lawyer to do it at some point if that doesn't work.
 
There are thousands of people in this country, probably hundreds of thousands of people who have been denied firearms purchases because of NICS errors. It's amazing how charges - not even convictions, but mere charges can make it into NICS to cause a denial, but it seems like dismissals, deferred prosecution deals, etc. seem to fail to clear a person.

That's why there is a NICS appeal process. Just get the paperwork from the court that was supposed to clear your record, and send that along with a NICS denial appeal form.

http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng
 
Brickeye, I was in grad school in Ohio at the time..... Check was for textbooks. I left school and moved, they could not find me---- I left because my financial aid did not come thru. I plead guilty to what I THOUGHT was a misdemeanor in 1997. Case was dismissed at the request of the court at the end of 2004. I found it online. While the dollar amount was not $10, it was not anything CLOSE to big money. I think the checks totaled like $300-400, they freaked out cause I left town and they assumed the worst. Hired a lawyer and thought it was behind me, this happened in 1997.
 
Regardless of what your legal liability may be in theory, in practice it is extremely unlikely that anyone will come after you for trying to buy a gun and being denied.

That said, you should get your records straightened out before you even think of trying to buy another. For all practical purposes, that's going to require the services of a lawyer. Get one and get your records cleaned up.
 
Natman, Thanks for your feedback. This truly was a mistake. If would would have known about this there is no way I would have tried to get the gun-- especially at a licensed gun store. Hell, the check did not come back in the specified time and a clerk said I could come in Wed and buy-- I applied last Thursday afternoon. I Said I'd wait just to be sure. If I was trying to deceive I would have been there Wednesday and got the gun, instead of giving more time for the check yo come back.
 
Oh, charge was for a bad check.... around $150....
I think the checks totaled like $300-400,
:scrutiny:

I'm having trouble understanding how this case could be continued for 7 years. Maybe I don't understand the system very well. Doesn't the case have to still be open for it to be dismissed?

I just don't understand what actually happened.
 
If you decide to follow the appeal process, and I think you should, NICS will not tell you specifically why you were denied, the letter will speak in general terms. You have the option at that point to request your FBI record. Or you could just assume you know what they mean. I urge you to not assume anything, get your FBI record; then, and only then, will you know with laser accuracy what the problem is. Advance and specific knowledge of the problem will allow you to prepare the least costly and most effective solution, if there is one. I'm no lawyer so just consider this a friendly suggestion, from someone who's been there, done that.

For what it's worth, when I went though this, not one person at the gun counter had ever seen the NICS Certificate wherein a denied buyer is proceeded after a successful appeal. Thinking for a moment that I was the only guy on planet earth who'd been denied at this store I asked just that silly question; the reply, paraphrased, was "sure, denials happen all the time, but no one ever comes back". I doubt BATFE is doing mass roundups of denied buyers, get a good night's sleep ;)
 
That's what I'm curious about...I'd think a case over 3-400$ in bad checks would be pretty well open and shut...especially if the person pled guilty...it's not exactly a jury trial with multiple appeals situation...how does that turn into a 7 year case? Maybe I misunderstand the system too...
 
N003K,
The checks TOTALED about $300-400. It was so long ago that I don't remember a heck of a lot about it. I do know I hired a lawyer in OH and he took care of everything. Bottom line is that I found the case online and it said the In 2004 "State of Ohio, appears by deputy prosecutor John Smith, being duly advised, NOW ORDERS this case dismissed on the motion of the State of Ohio"
 
texaninphx, don't sweat the little stuff. NICS checks get bounced all the time because of paperwork glitches. You are not going to get a knock on the door from the ATF or other LE office.

Considering the stress you're going through concerning this matter, it would be worth the time and money to contact the court and see if you can get it cleared up. If the records show the charges were dismissed, it should be a simple matter to get the folks at the court to help you. Just make sure you don't get worked up in a lather when dealing with them. If that fails, follow it up with a lawyer. You'll probably find out the fees are much easier to deal with than you think.

Stop letting things like this rule your life. Not dealing with problems like this makes one act and sound like a victim living in fear. Criminals pick up on that and they target folks who give signs of being weak
 
MistWolf, Thanks for the advice. When things get better financially I'll get a lawyer to clear this up. This year has been a nightmare. A company I worked with went BK and owes me about $6K, now this. I stress pretty easily and this has sent my stress levels thru the roof. I would figure that in a big city with all the crime, they (law enforcement/ATf, etc)have to have better things to do/ bigger crimes than worry about someone that got denied for a gun purchase.
 
texaninphx, check and see if there is a legal aid society locally. They might be able to give you some low cost assistance. They'll usually give you at least a half hour consult for a fairly reasonable fee and then some idea on how much it will cost or even tell you if it's something you can do yourself. From the sound of it an expungement should be pretty straight forward. Sounds like it would be worth it just to have someone with attorney behind their name tell you you can relax.
 
I have to think in the post 911-era, the chances of you hearing from the ATF are a little better than hitting the lottery. Possible? Yes. Likely? No. I would do nothing in terms of contacting them and do what you need to do to get your record cleaned up.
 
If this was not a NICS error, I think there is more to the situation than what we are being told. Texaninphx, when you plead guilty to a felony, the judge makes it pretty clear what you are doing (i.e. explaining the rights that you are giving up). If you were convicted of a felony, you also would not be allowed to vote.

I believe you stated that this happened in Ohio.

2913.11 of Ohio Revised Codes states:

(B) No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored or knowing that a person has ordered or will order stop payment on the check or other negotiable instrument.

(C) For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored if either of the following occurs:

(1) The drawer had no account with the drawee at the time of issue or the stated date, whichever is later;

(2) The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within thirty days after issue or the stated date, whichever is later, and the liability of the drawer, indorser, or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.

(D) For purposes of this section, a person who issues or transfers a check, bill of exchange, or other draft is presumed to have the purpose to defraud if the drawer fails to comply with section 1349.16 of the Revised Code by doing any of the following when opening a checking account intended for personal, family, or household purposes at a financial institution:

(1) Falsely stating that the drawer has not been issued a valid driver’s or commercial driver’s license or identification card issued under section 4507.50 of the Revised Code;

(2) Furnishing such license or card, or another identification document that contains false information;

(3) Making a false statement with respect to the drawer’s current address or any additional relevant information reasonably required by the financial institution.

(E) In determining the value of the payment for purposes of division (F) of this section, the court may aggregate all checks and other negotiable instruments that the offender issued or transferred or caused to be issued or transferred in violation of division (A) of this section within a period of one hundred eighty consecutive days.

(F) Whoever violates this section is guilty of passing bad checks. Except as otherwise provided in this division, passing bad checks is a misdemeanor of the first degree. If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of five hundred dollars or more but less than five thousand dollars or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of one thousand dollars or more but less than five thousand dollars, passing bad checks is a felony of the fifth degree. If the check or checks or other negotiable instrument or instruments are for the payment of five thousand dollars or more but less than one hundred thousand dollars, passing bad checks is a felony of the fourth degree. If the check or checks or other negotiable instrument or instruments are for the payment of one hundred thousand dollars or more, passing bad checks is a felony of the third degree.

It looks like this law became effective in 1996. $150.00 does not even come close to a felony in Ohio. Also, it seems that Ohio uses numbers to designate the class of crimes (i.e. misdemeanor of the first degree, felony of the fourth degree) instead of letters (Class "D" Felony).

I think we need either more clarity on the story/situation or better details before we can offer any more help.
 
Get it cleared up, if only for this reason:

You decide, after some time, that you really need to defend yourself from the "gang bangers", so you buy from a private party. All is good right up until the time that you actually need to use that firearm. Even if you are involved in a righteous shoot, the second that the police get involved it is discovered that you are a prohibited person and you end up serving hard time.
 
Get it cleared up, if only for this reason:

You decide, after some time, that you really need to defend yourself from the "gang bangers", so you buy from a private party. All is good right up until the time that you actually need to use that firearm. Even if you are involved in a righteous shoot, the second that the police get involved it is discovered that you are a prohibited person and you end up serving hard time.
Sensible advice!
 
avs11054, I used the state of Ohio because I don't want to disclose too much. Rather than say "Midwest state" I used Ohio. Hope you understand, not trying to deceive anyone here-- after all I'm looking for advice, but by the same token, I'm not going to get into specific details. But the state this occurred did dismiss the charges in 2004.
Hope you and others reading this understand my reasoning.
 
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