NICS denial part:2 my nightmare

[SANman]

I just had my denial reversed, it took almost 5 months to do it.

Just to give you an idea of how effective the system is I have been purchasing firearms for the past 15 years now with only a 3 day "delay" period. this past December I was denied because of a "shoplifting" charge that was placed under deferred adjudication. It was something stupid I did at 20 and I was punished with fines, lawyer fees and community service.

Now I will have to present the UPIN every time I want to pick up a gun, but at least I still can. At some point I hope to wipe the charge off of my record if possible. if not its just a mistake I have to live with.

I am now a responsible parent and I tech my daughter to follow the letter of the law as I now do (I don't even fudge my taxes ) . Some mistakes will follow you around for a lifetime!

 

[Bartholomew Roberts]

I would follow the link High Planes Drifter provided and appeal the NICS denial first. Misdemeanors, even 7 of them, should not cause a NICS denial. Once you've determined what caused the NICS denial you can figure out what your next step is. Personally, I wouldn't go see the lawyer just yet myself on that until I knew what the problem was causing the denial.

As to Georgia Concealed Carry, I'm not sure what the rules are there. That might warrant a lawyer.

 

[sadhvacman]

Well as I said in my last post, I'm having my record expunged without getting an attorney. I'm just fortunate that the judge remembers me and likes me as well as having a friend that knows the sheriff well. They are taking care of everything. I have found out the true cause of my denial. The charge of criminal damage to property in the first is a felony with a sentence of one to ten years. Although this is on my record and it is a felony I am not classified as a felon because I was tried in probate court which cannot handle felony cases. So since my conviction was not in a state or federal court I am technically not a felon. Felons can't vote in GA, and I am a registered voter. A mistake was made at some point, I was supposed to have been charged with striking a stationary object 7 counts and not with criminal damage to property which reads in the GA code as a violent offense where lives are endangered. So at the advice of the Judge, record expungement is really my only viable option. and like I said it's not costing me anything. Sometimes coming from a small town has its perks!

 

[ArfinGreebly]

Happy Ending

Well done!

I think I have something in my eye . . .

 

[sadhvacman]

Thanks, man. I've still got an agonizing wait before me.

 

[sadhvacman]

well fellas, I received the expungement papers today. Got 'em filled out and mailing them back in on monday. Then the sheriff's office must fill their part out and sign off on them and then they go to the probate court where the prosecutor must sign off on them. they are then sent off to the gcic (georgia crime information center). I'm not sure what happens next. i guess I just wait for something to come in the mail that I will then send off to the nics/fbi. Anyone reading this that thinks or knows different, please feel free to correct me.

 

[Geister]

Get a lawyer and have the records expunged.

 

[sadhvacman]

Have you read any of my posts? I am having my record expunged without a lawyer. Hence the whole receiving expungement papers in the mail bit.

 

[CDignition]

lol...too funny

 

[Geister]

Have you read any of my posts?

No.

In the majority of expungement situations, it's a good idea to get a lawyer. That's why I said it to begin with. I know in Texas it's more difficult to get something expunged without a lawyer and in other states, a lot of the times with a lawyer there's a much better chance of something actually getting done. From all my dealings with state governments, they are usually quicker to respond with a lawyer than with an individual citizen.

You are lucky that you know the judge and everything, but if you didn't you would have probably been better off with a lawyer.

 

[Bob R]

While an expungement is nice, in some states that will not allow you to have your 2A rights restored. Some states require a pardon to restore them. CA is one that I know of. It would be best to check your state laws on this matter. This is where an attorney can be of a lot of help. Every state can be different, or have different hoops to jump through. You don't want to miss one of the hoops.

bob