Will charges that you weren't convicted on stop your FID app?

[vmastro87 0]

My buddy was arrested for distribution in college but was never convicted. He just applied for his FID and was wondering if its going to affect it. It was his first offense and was knocked down to PTI, everything was good after that and he was told it would be dropped after 6 months.

 

 

thanks guys

[Qel Hoth 33]

He was never convicted, so they can't deny him for that. However there is the catch all "not in the best interests of public welfare" they can deny with...

[Shane45 807]

Right, it will likely come up and they can deny him and force him to take it to court.

[vmastro87 0]

I had a feeling you were gonna say that

[Ian S 22]

Really, for a first offense that was dropped and he's stayed out of trouble since... I'd expect they will chalk it up to a youthful indiscretion and it won't affect his approval. I'm sure they've seen worse.

[Bagarocks 36]

My buddy was arrested for distribution in college but was never convicted. He just applied for his FID and was wondering if its going to affect it. It was his first offense and was knocked down to PTI, everything was good after that and he was told it would be dropped after 6 months.

 

 

thanks guys

 

I was charged with armed roberry in NYC in the 70's. charges were dropped in court after no show by accusers who used fake names and addresses, We my buddy who did have a gun and I were falsely accused of robbery. He did have to face gun charges but thats another matter.

I go for my FID Im waiting and waiting so I asked the Sgt. I thought you said 6 weeks, He said Oh we gottta hit on your backround check. I was like huh??? He said you ever have any problems in NYC??? I said ya gotta be kidding me right.

Needless to say the arresting authority has to give a written report on your arrest and outcome of the charges to your local Police. The Chief of your Local PD has the fate of your card in his hands.

 

I did ask how this could be since the charges were dropped. He said the arrest and what I was are charged with will be on my record for legal authorities to view until the day i die.

 

I got my FID in my back pocket.

[Sandy 44]

If he went through PTI it should be fine.That is what PTI is for ..to keep first time offenders from going through life with a record. Unless the police know about it some other way ( small town maybe?) and they deny it based on the loophole mentioned by a PP.

[Qel Hoth 33]

If he went through PTI it should be fine.That is what PTI is for ..to keep first time offenders from going through life with a record. Unless the police know about it some other way ( small town maybe?) and they deny it based on the loophole mentioned by a PP.

 

Yes and no they go through life without a record.

 

He does not have a criminal record, and if a private person or a potential employer run a criminal background check, nothing will show.

 

However, he does have an arrest record, which will show if the police run a background investigation. If he applies for a FID, LEO application, etc, the arrest and charges will show up. In the case of FID, it doesn't ask if you were arrested/charged, only convicted. LEO applications however ask for any arrests, and failure to disclose an arrest, regardless of the outcome, will get your application thrown in the trash.

[Sandy 44]

I know numerous people who had convictions , opted for PTI , and are recent new legal NJ gun owners. It did not show , nor does it come up on the nix

[Sandy 44]

http://www.judiciary...minal/crpti.htm

 

Edited to add , you usually need an attorney for PTI , I know my one friend had as a condition that after 6 months his records would be expunged. I know a few peopke that sweated because of PTI - but it honestly never came up.

[autoxnyc 4]

My buddy went through PTI for something stupid in college. The arrest record did show when he applied for his FID. He applied for Global Entry at the airport and it also shows. They asked him about the arrest both times but passed without issues.

 

When employers do a bg check nothing shows.

 

He was told it gets expunged after 6 mo when the attorney applied for the PTI, but the arrest records are still there after 13 years. I wonder if he can get the record sealed so even the arrest record does not show.

[reed338 11]

to be sure if this was expunged . you could find the nessary paper work and do criminal history check on your self. this would include you getting fingerprinted and sending it to state police .

[Qel Hoth 33]

My buddy went through PTI for something stupid in college. The arrest record did show when he applied for his FID. He applied for Global Entry at the airport and it also shows. They asked him about the arrest both times but passed without issues.

 

When employers do a bg check nothing shows.

 

He was told it gets expunged after 6 mo when the attorney applied for the PTI, but the arrest records are still there after 13 years. I wonder if he can get the record sealed so even the arrest record does not show.

 

Even expunged records show. They only show on specific kinds of background checks and nothing you do will ever make them go away.

[Sigman 41]

My buddy was arrested for distribution in college but was never convicted. He just applied for his FID and was wondering if its going to affect it. It was his first offense and was knocked down to PTI, everything was good after that and he was told it would be dropped after 6 months.

 

 

thanks guys

 

The PTI program states if "PTI is successfully completed, there is no record of conviction and the defendant avoids the stigma of a criminal record."

 

I'm not a lawyer, but the FID form asks if you were convicted of a crime, not arrested. I say you can answer "no" to being convicted of a crime in questions 19 and 20 on the form. He should be "OK" if he passed the PTI program. Again I'm not a lawyer, but if he answered truthfully on the form, he should be OK.

 

It would be interesting to see how this gets reported on the "rap sheet" because an arrest record should show up. You can get a background check done on yourself. You make the appointment to get fingerprinted and they mail you the results in a couple of weeks. It used to cost about $40.00 and the links are provided in the NJSP website.

[fslater 62]

I was arrested for bogus drug charges in the 70's. It was thrown out affter 3 court apperinces with arresting officer no shows. When I applied for my FID the arrest showed and the officer handling the FID questioned me about it...... Long story short, The chief wanted a transcript of the affair before making a decission. After a lot of hounding of the officer handeling it and a 4 month delay I finally got the card, but as was previously stated. The wording in the qualifications gives the PD Chief subjectivity in making his dissision. It can be appealed in county court and probably denyals will be over turned, but good ole NJ typically puts you through the ringer in regaurd to any gun issue.

[Darkmagik 2]

I was arrested for what would be a felony charge that was dismissed here in NJ and applied for my FID card and the CLEO refused to sign my card and denied me so I have three options either appeal or reapply or move out of NJ. By the letter of the law and the constitution what he did was unlawful, but who challenges NJ and wins?

[Sigman 41]

I was arrested for what would be a felony charge that was dismissed here in NJ and applied for my FID card and the CLEO refused to sign my card and denied me so I have three options either appeal or reapply or move out of NJ. By the letter of the law and the constitution what he did was unlawful, but who challenges NJ and wins?

 

Were you convicted of anything? An arrest shouldn't get you denied. An untruthful answer could.

[Darkmagik 2]

Honestly I answered every question on the form truthfully, and I was not convicted since the charge was dismissed. The superior court judge said the charges were dismissed I have the form of dispossition and I was denied. The reason was the bs excuse of "not in the best interests of public welfare". Which I think it is unconstitutional. Even a person who has a mental illness can get ahold of a firearm legally in free america, but I am nothing of that and I was denied. It's NJ they love to play the lawyer game and make money off of the average joe since they think their 100k+ salary isn't enough. ....... Greedy Jersey Politicians.

[Qel Hoth 33]

I was arrested for what would be a felony charge that was dismissed here in NJ and applied for my FID card and the CLEO refused to sign my card and denied me so I have three options either appeal or reapply or move out of NJ. By the letter of the law and the constitution what he did was unlawful, but who challenges NJ and wins?

 

I, too, believe that the "not in the best interests of public welfare" is unconstitutionally broad.

 

You need to appeal the decision, as if you don't, you will have to check "yes" whenever you are asked if you have ever been denied a permit for firearms (purchase from FFL, future application for FID, application for P2P, application for CCW). A judge will probably grant your appeal, if they don't the only other option that I know of is a federal lawsuit for deprivation of civil rights under color of law.

 

As always, IANAL.

[vladtepes 1,060]

Honestly I answered every question on the form truthfully, and I was not convicted since the charge was dismissed. The superior court judge said the charges were dismissed I have the form of dispossition and I was denied. The reason was the bs excuse of "not in the best interests of public welfare". Which I think it is unconstitutional. Even a person who has a mental illness can get ahold of a firearm legally in free america, but I am nothing of that and I was denied. It's NJ they love to play the lawyer game and make money off of the average joe since they think their 100k+ salary isn't enough. ....... Greedy Jersey Politicians.

 

leaving NJ has far more benefits than just legal gun ownership...

[Anselmo 87]

I, too, believe that the "not in the best interests of public welfare" is unconstitutionally broad.

 

You need to appeal the decision, as if you don't, you will have to check "yes" whenever you are asked if you have ever been denied a permit for firearms (purchase from FFL, future application for FID, application for P2P, application for CCW). A judge will probably grant your appeal, if they don't the only other option that I know of is a federal lawsuit for deprivation of civil rights under color of law.

 

As always, IANAL.

 

Winning the appeal will not change the fact that you were denied. You just write on any application that you were denied but granted on appeal by the court. (if you win your appeal) I think the Florida non-resident CCW doesn't even ask if you've been denied a permit previously.

 

Some local PDs are very conservative, use the "not in best interests" clause to deny and leave it up to a judge to decide.

[Darkmagik 2]

The majority of CCW forms have where you ever denied a permit to carry a gun nothing to do with ownership. The only form to my knowledge that asks to purchase was any NJ form. The FL CCW resident or non-resident do nto ask that I know I checked I plan to move to FL.