nics denial part 3

[sadhvacman]

To those who aren't up to speed with my predicament; While attempting to purchase a handgun earlier this year, I was denied. I live in GA. So, I obtained a copy of my GBI background printout and learned that I had a felony conviction on my record yet am not classified as a felon. I know this makes no sense so I will try to explain it. 15 years ago a stupid highschool kid (me) ran over some mailboxes. I was sentenced in probate court, which can only handle misdemeanor charges, to repair or replace all mailboxes damaged. Somehow the misdemeanor charge of criminal trespass never made it to my record. Instead the charge was recorded as criminal damage to property in the first degree. not only a felony but a violent one. It was all a clerical error. And all at my expense. So then, since I was not tried in federal court or in superior court I was not in the system as a felon although I had a felony conviction on my record.

i am just fortunate to be in good standing with the probate Judge that presided over my case all those years ago and he has contacted the GBI and had my record amended. I am so relieved to now be a legal gun owner again. I was illegal for 15 years and had no idea! The sad part remains that in ga felony charges cannot be expunged or cleared from a perons record. the charge remains on my record although the conviction does not. Sad because I never commited the charge that is on my record. i am a victim of the system. I am forever subject to what a computer says about me. I am thankful that I was able to get all of this done without hiring an attorney which i could not have afforded.

 

[cloudedice]

Congradulations, and I'm sure we're all happy to have you back on this side of legality.

What are you going to buy to celebrate?

 

[chris in va]

He should buy a mailbox in the shape of a gun.

 

[asknight]

You are fortunate that you weren't charged federally. It's a federal crime to damage or otherwise "mess" with someone's mailbox other than your own. If you would have been charged federally, I don't quite think you'd have as good of a chance of getting it expunged.

 

[jrfoxx]

He should buy a mailbox in the shape of a gun.

Agreed.That would just be PERFECT! 10 points to chris in va for that fun idea.

 

[Phil Lee]

I can't speak from first hand experience, but I've been told that even in states without laws allowing felony charges to be expunged, there are ways to clear records via the state courts. You ought to inquire in Georgia more carefully.

I'm also told you can sue in federal court. Specifically, you file a civil action, and you call it:

PETITION FOR RELIEF BY EXPUNGEMENT

And then you file a restraining order with it:

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PLAINTIFF'S LEGAL RECORDS SHOULD NOT BE SEALED, EXPUNGED, CLOSED AND BY ANY OTHER MEANS TO BE MADE UNAVAILABLE TO EMPOYERS OR THE PUBLIC.

And you list as defendants:

Name of state and all agencies including:
Court Clerk, Prosecutor, State Attorney
Gereral, County Prosecutor, Chief of Police
and others known to have legal records.

I found this material at a law discussion group, but am not able to say it is correct. I offer it for your consideration.

 

[Sgt.Dusk]

Marvellous mailbox!

I actually have some leftover bricks...should I...???

 

[CWL]

Highschool? If you were a minor, I thought that you could petition to have those records permanently sealed once you have reached maturity as long as you have maintained a clean record since then.

Don't know how the laws work in GA, but that's what we have hereabouts.

 

[doc2rn]

+1 to CWL

Also you could hire an attorney to have it corrected/ expunged since it was their mistake in recording the issue you stand a good chance of coming out with a clean record.

 

[ZigZagZeke]

Or you could hire a hacker.

 

[sadhvacman]

senior year in highschool. I was 18.
In ga at least you cannot have felonies expunged if you pled guilty. That shouldn't pertain to me since i wasn't guilty of a felony, even though the record says otherwise. If I am denied my ccw because of it I will most definitely hire an attorney.

 

[Cmdr. Gravez0r]

Introducing the Colt Mailbox, for all your Concealed Carry needs...


nyah.

 

[jaholder1971]

Respectfully, the real screwup here is your actions at 18. Let's first own up before blaming the state for a clerical error.

If the judge is on board with you, he should be able to order changes to your record to reflect what's due you.

 

[sadhvacman]

let's own up? I owned up when I pled guilty to striking a stationary object. I owned up when I was given the sentence of restitution and I went and repaired and replaced the mailboxes.
The did not plead guilty to any felony charge! I pled guilty to hitting mailboxes with my truck. I paid my debt exactly as the court ordered.
I owned up years ago jackass.

 

[sadhvacman]

oh and read the friggin post, the changes have not only been ordered as you say but have been made.

 

[Blackfork]

One thing is for sure...

...our bureacracy is plenty big enough to screw anybody around, anytime.

 

[damien]

I was illegal for 15 years and had no idea!

I am not sure you were ever illegal. You were just miscoded that long. I doubt they could have ever brought a "felon in possession" charge against you that would have succeeded.

 

[asknight]

damien, of course he could have been charged, and would have been if he's gotten into trouble. Whether he would have been convicted or not, is not known.

 

[Autolycus]

Originally posted by Sadhvacman: let's own up? I owned up when I pled guilty to striking a stationary object. I owned up when I was given the sentence of restitution and I went and repaired and replaced the mailboxes.
The did not plead guilty to any felony charge! I pled guilty to hitting mailboxes with my truck. I paid my debt exactly as the court ordered.
I owned up years ago jackass.

There is no need to resort to name calling.

 

[Chris B]

I'm sorry that you're sad, hvac-man. I was an hvac man for several years myself and it always made me sad too. Infinitely monotonous cycles of making people comfortable while you sweat or freeze outside, depending on the season. I'm sorry for the hassle that our bureacracy has caused you as well. I made some mistakes in my teens as well, fortunately they all occured before my 18th birthday. Good luck with the CCW.

 

[rdhood]

jaholder1971 wrote:
Respectfully, the real screwup here is your actions at 18. Let's first own up before blaming the state for a clerical error.

I call BS. It seems that there are always people in this forum willing to screw anyone who ever made a mistake. One makes a mistake, one pays the piper. The mistake does not entitle the local, state or federal governments to screw someone's record and (for the purposes of purchasing a weapon) turn them in to a felon. Someone said the same crapola about my friend's case. The (state/federal/local) governments ARE at fault... pure and simple. The root cause is the coffee/alcohol/lack of training/distraction that caused the clerical mistake... not sadhvacman or my friend. Sure, they did something wrong. But their mistake is not the root cause of someone else's screw up.

 

[jaholder1971]

Please.

It was a clerical error more than likely. If so, and our friend can prove it, it'll be stricken. Especially if the presiding judge acknowledges it.

Again: It's incredibly difficult for the courts to screw up your records when you have no record in the courts.