FID Qualification Questions

[EMC66 0]

Hello all,

 

In 1986, when I was 18 years old, I was convicted of simple battery in Ocean City Maryland as the end result of a fight on the boardwalk. I spent about four or five days in jail until I was able to see the court magistrate. When I went to at court I was fined $250.00. I was a resident of Delaware at that time and this conviction was not ever expunged or sealed.

 

I have two questions relate to this issue.

 

1. Will this misdemeanor conviction possibly prevent me from obtaining my FID card and handgun permit?

 

2. Will I will need to include this info on any particular line on Form #STS-33?

 

Any help will be greatly appreciated.

 

Thanks!

[Malsua 1,422]

Hello all,

 

In 1986, when I was 18 years old, I was convicted of simple battery in Ocean City Maryland as the end result of a fight on the boardwalk. I spent about four or five days in jail until I was able to see the court magistrate. When I went to at court I was fined $250.00. I was a resident of Delaware at that time and this conviction was not ever expunged or sealed.

 

I have two questions relate to this issue.

 

1. Will this misdemeanor conviction possibly prevent me from obtaining my FID card and handgun permit?

 

2. Will I will need to include this info on any particular line on Form #STS-33?

 

Any help will be greatly appreciated.

 

Thanks!

 

1. Possibly, not likely.

2. If it was not expunged, yes I think(see below). You were convicted, it must be detailed.

 

The latest forms say:

 

(19) Have you ever been convicted of a disorderly persons offense in New Jersey or any criminal offense in another jurisdiction where you could have been

sentenced up to six months in jail that has not been expunged or sealed? If yes, list date(s), place(s) and offense(s).

(20) Have you ever been convicted of a crime in New Jersey or a criminal offense in another jurisdiction where you could have been sentenced to more than

six months in jail that has not been expunged or sealed? If yes, list date(s), place(s) and crime(s).

 

Simple Battery may not rise to the "up to 6 months" and consequently you could answer no.

 

You might also just discuss it with the records lady or a detective BEFORE you apply.

[rscalzo 3]

http://tinyurl.com/yabtxh8 Scroll over to 2C:12-1.

 

This is the section with the statute in NJ covering Assaults. Simple to Aggravated. If what you were involved with was a fight entered into by two or more parties by mutual consent, it would be a Petty DP in this state. Petty DP's are not considered a crime under the definitions as they do not have the ability to impose a six months or more sentence.

 

My option is that if it is a Petty DP, it will not affect your application. The fact that over twenty years has passed without incident shows more than a minor charge that long ago. I would list it and go from there.

[Springfield1911 22]

Before you go for your FID it might be worth it to get it expunged. I know its a PITA but they might deny you and you are going to have to fight for it anyway.

[Joeybones 1]

You might want to check the web site of the town where it happened to see if you can process a personal records check. I know someone who did this in Wayne NJ a few years ago in a similar circumstance. Turned out Wayne had no record of the arrest or any charges. I guess if it is old enough it may not have made it into a computer data base.As I recall you fill out a form and send a money order. I don't remember how long the process took.

[rscalzo 3]

town where it happened

 

It doesn't matter if they have it on file. It's the state having it on file. A CCH can be run for a fee on yourself. I don't see it as worth the effort as the fact that it's on file or not isn't the issue. The fact that the charges were filed is the issue. Otherwise you are signing the forn knowing it has fraudulent statements included. Not a great way to start out if the charges surface at a later date which happens often.

 

Expungements take a few months to get through the process. They aren't a priority for the courts and in many venues are handled only sparatically from what I've seen.

[Joeybones 1]

You can also request a check from the NJ state police, I believe the form is on their web site. If it doesn't show up there is there is it reasonable to assume it will not show up ?

[Springfield1911 22]

Doesnt matter how old it is. It WILL come up. I would include it. It doesnt seem they can deny your for a simple charge like that anyway. I am telling you for a fact though..if you do lie on your form about it and play stupid they will deny you even if you got arrested for something stupid. There are times even when expunged charges have come up even though they were not supposed to and people were denied but if you show the paperwork that it was expunged then your fine.

[GRIZ 3,369]

Doesnt matter how old it is. It WILL come up. I would include it.

 

I know of an incident where the guy was arrested in 1956 but there was no conviction (he was released and not charged). This was about 1996 and it still came up on a criminal history check.

[rscalzo 3]

If it doesn't show up there is there is it reasonable to assume it will not show up ?

 

Maybe, maybe not. A good friend back in the mid 70's applied for the Miami Dade Public Safety. He left off one minor summons. It was found.

 

Once again, it doesn't matter if it is easily located or not. In your case, it most likely will be if they look. Back in 86 we were computerized to some degree and it could easily be located. The point is, you would be falsifying the document. You run the change of not only having the FID revoked but further criminal action. All over something that i doubt will be an issue.

 

Either include it or have it expunged. You can apply to have the arrest expunged without the use of a lawyer. It isn't difficult but takes a decent amount of time and registered mailings. The department has the opportunity to protest the expungement which never happenes. Then the county sets a hearing which I don't believe you have to attend. You are probably looking at six months to completion.

 

In your case it is one jurisdiction so it's nothing more than the city of the violation, county and the state SBI.

[Blackfox 1]

For my own experience, the case will come up. Have you case expunged and you are clear. If you omit the case in your application, they will found out and deny you the permit. Your case will never disappear unless you were found innocent, having it expunged means only the authorities have access to it. If today you apply for a job and deny ever been arrested your employer will found out if your case was not expunged.