Anselmo 87 Posted September 3, 2010 Hi all, I'm hoping I can get some advice here. I was arrested and convicted of eluding arrest (2C:29-2b) in 1984 when I was 21 years old. My local police have informed me that even though a significant period of time has elapsed it raises questions as to my suitability for handgun ownership and have therefore denied my application. My ex-wife took out a restraining order on me in 1996 but it was lifted as soon as I went to court to contest it as she lied to the court to get it put on me. No other criminal problems. I haven't even been fingerprinted yet. That is scheduled for next Saturday. 1. Should I just accept this and cancel my fingerprinting appointment? 2. Should I get fingerprinted and appeal to Superior Court of Burlington County? Thanks for any advice. Quote Share this post Link to post Share on other sites
Krdshrk 3,871 Posted September 3, 2010 #1 thing to do - talk to a lawyer. Quote Share this post Link to post Share on other sites
BCeagle 12 Posted September 3, 2010 Withdraw the application have it expunged and then reapply. The problem will be you have to explan your previous denial, but that arrest is ove 20 years ago. Give me a break. Also, contact an attorney. 1 Quote Share this post Link to post Share on other sites
fliks 20 Posted September 3, 2010 +1 on the lawyer. I think the forum consensus is: for most instances, for most people you don't need a lawyer to get a PP, but in a special circumstance, like what you have, get a lawyer. Quote Share this post Link to post Share on other sites
Anselmo 87 Posted September 3, 2010 My wife echos expungement. I forgot all about it. I should have had the conviction expunged years ago. How do I withdraw the application? Haven't my local police already stopped the process? Quote Share this post Link to post Share on other sites
sirsloop 1 Posted September 3, 2010 call them and tell them you would like to withdraw the application... they may have to write a letter or come in to do it in person tho. Quote Share this post Link to post Share on other sites
maideneddie 35 Posted September 3, 2010 To echo what everyone is saying, contact a lawyer. They will be able to expain all the options that are available to you. You definetly do not want your application going to the point where you are officially denined because then it will show up every time you try to apply. Do you currently have a F.I.D. card, or are you appling for that also? Quote Share this post Link to post Share on other sites
Anselmo 87 Posted September 3, 2010 I don't have a firearms ID card. I was applying for both the FID and handgun permit. Quote Share this post Link to post Share on other sites
Krdshrk 3,871 Posted September 3, 2010 Yeah I almost forgot about the Expungement. Get rid of that and you should be golden. Quote Share this post Link to post Share on other sites
Anselmo 87 Posted September 3, 2010 I'll go for expungement and then reapply. Quote Share this post Link to post Share on other sites
Greydaddy 2 Posted September 4, 2010 I had a record and was denied a pp after an interview with the pd. Got an expungement and applied and was denied because of the record which no longer existed. That was because of stating why I was previously denied. Got a lawyer (Nappen), went to court and I won the case. Needless to say, the police were pissed! Haven't had any problems since. Quote Share this post Link to post Share on other sites
Larain60 1 Posted September 4, 2010 You need a lawyer ASAP. The PD advised you they DENIED the app. You have a limited time period to appeal that decision. Quote Share this post Link to post Share on other sites
Anselmo 87 Posted September 4, 2010 I had a record and was denied a pp after an interview with the pd. Got an expungement and applied and was denied because of the record which no longer existed. That was because of stating why I was previously denied. Got a lawyer (Nappen), went to court and I won the case. Needless to say, the police were pissed! Haven't had any problems since. Did you do the expungement yourself? How much did it cost for the attorney? I downloaded the expungement forms, they seem straightforward enough to complete without an attorney. I will give Nappen a call next week. Quote Share this post Link to post Share on other sites
Greydaddy 2 Posted September 4, 2010 My expungement was a while ago, 1997 I think. I used a local attorney that represented me in the criminal charges against me in 1987 , resulting from an auto accident. At the time, I believe it was only a few hundred dollars. Can't remember now. Nappen was another story (cost). That was about 2 G's. I don't even know where he's at now, but I think he still has the office in Eatontown. Quote Share this post Link to post Share on other sites
Anselmo 87 Posted September 4, 2010 2 G's is way more than I want to spend. I can't justify the cost for something that is much more of a "want" than a "need". I'll try myself. If I lose, I'm just back to where I started. Quote Share this post Link to post Share on other sites
Krdshrk 3,871 Posted September 4, 2010 A friend of mine paid about $1500 for their expungement, I think. Quote Share this post Link to post Share on other sites
tt-33 8 Posted September 4, 2010 dont think of it as 1500 or 2000 so you can buy a gun ,in this ecconomy if shtf and you end up needing a job this thing could show up and ruin an opportunity to get back on track Quote Share this post Link to post Share on other sites
Anselmo 87 Posted January 10, 2011 Update: Applied for expungement in September 2010. Paperwork filed and returned in about a week. Sent out copies of Order for hearing and Petition for expungement certified mail. Court date set for middle of December 2010. Heard back from State Prosecutor request for their office and on behalf of NJSP for adjournment in order to have more time to review my case and they want to review the final order for expungement. Judge's clerk handles all this stuff and rescheduled hearing for middle of January 2011 and sent out proposed Order. Heard back a few weeks later that the prosecutor does not object to my expungement but wants the full details of charge to be listed in Final Order. I revised final order and mailed that in last week. Hopefully, the next thing I get is the final Order. Quote Share this post Link to post Share on other sites
chaloots 0 Posted January 10, 2011 you should be ok. this happened to me. i initally got denied my local pd because of some juvy issue i had that was supposed to be sealed/expunged but never was. once it was sealed i appealed it in court,represented myself (Nappan is the man but he wanted over 3gs) and won. good luck Quote Share this post Link to post Share on other sites
nodonut 43 Posted January 27, 2011 op: you should trust your instincts with option 1, you don't have any need for firearms Quote Share this post Link to post Share on other sites
Babaganoosh 192 Posted January 27, 2011 op: you should trust your instincts with option 1, you don't have any need for firearms Troll alert Quote Share this post Link to post Share on other sites
Shug 4 Posted January 28, 2011 I thought that comment was weird for a gun forum. NJ2A did you have to pay to get your expungement started? I have a cousin got as far as getting his ID card but got denied when he went to purchase a rifle. He had some trouble in VA years and years ago which has never stopped him from getting a job. I am trying to convince him to go and get it and might just help him out with the cost but would love to do this without spending much. Quote Share this post Link to post Share on other sites
Anselmo 87 Posted January 29, 2011 I did it myself (pro se) so I just had to pay the filing fee (about $52) and registered mail fees (about $100). I should have received it back today but my mailbox is blocked by a pile of snow and I got no mail today. That is in NJ. A quick Google of VA says they charge $96 but the process seems easier. It takes a little while to read through everything and figure out what they want. It helps if you are or know someone that is good at Word and a fast typer. Maybe a longer Google search will get you the step by step instructions. http://www.pwcgov.org/docLibrary/PDF/007830.pdf or http://lsnv.org/Expung_Petition_No_Record.pdf Quote Share this post Link to post Share on other sites
Anselmo 87 Posted January 29, 2011 Expungement order received today. 4 months and I still need to send the expungement order to the authorities so they can remove the records. Mercer County court was very helpful, friendly and professional and attached page 2 of the final order that I forget to send to the court. Quote Share this post Link to post Share on other sites
Avi 12 Posted March 3, 2011 Expungement order received today. 4 months and I still need to send the expungement order to the authorities so they can remove the records. Mercer County court was very helpful, friendly and professional and attached page 2 of the final order that I forget to send to the court. just curious are you all done with the expungment is your record all clear? Quote Share this post Link to post Share on other sites
Anselmo 87 Posted March 3, 2011 It's my understanding that I'm supposed to receive something official from the NJ State Police that they have expunged my record as ordered by the court. It's been over a month and I haven't received anything. Quote Share this post Link to post Share on other sites
Guest denn Posted February 14, 2012 So how do you do a withdraw after its been denied by pd I have no criminal background and no mental health issues and issue was settled I just don't want the denial on my record Quote Share this post Link to post Share on other sites
Qel Hoth 33 Posted February 14, 2012 So how do you do a withdraw after its been denied by pd I have no criminal background and no mental health issues and issue was settled I just don't want the denial on my record I don't think you can withdraw your application, the only thing you can do is appeal the denial. If you have no criminal background and no mental health issues what did they deny you for? 2C:58-3c Who May Obtainc.Who may obtain. No person of good character and good repute in the community in which he lives, and who is not subject to any of the disabilities set forth in this section or other sections of this chapter, shall be denied a permit to purchase a handgun or a firearms purchaser identification card, except as hereinafter set forth. No handgun purchase permit or firearms purchaser identification card shall be issued: (1)To any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or possessing a weapon at the time of such offense; (2)To any drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), to any person who is confined for a mental disorder to a hospital, mental institution or sanitarium, or to any person who is presently an habitual drunkard; (3)To any person who suffers from a physical defect or disease which would make it unsafe for him to handle firearms, to any person who has ever been confined for a mental disorder, or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he is no longer suffering from that particular disability in such a manner that would interfere with or handicap him in the handling of firearms; to any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card; (4)To any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun; (5) To any person where the issuance would not be in the interest of the public health, safety or welfare; (6) To any person who is subject to a restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm; (7) To any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2); or (8) To any person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned. They can't just deny you with no reason. Quote Share this post Link to post Share on other sites
Guest denn Posted February 14, 2012 Accidental discharge in my home long story short no charges were filled and i wasnt arrested or anything. they just sent me a letter saying denied but if I take a safety course I can re apply and I'm good. I just don't no how much trouble a denied will be for me later on if i let it go. The discharged happened about a year ago And I'm not disagreeing with there reasoning I'm just worried about the denied on my record Quote Share this post Link to post Share on other sites
Socom 19 Posted February 14, 2012 Bad Boy Bad Boy whatcha gonna do! p.s. not tryin to be a dick but sounds like you shoulda been turned down. Quote Share this post Link to post Share on other sites