Will I get denied......

[Rob129 0]

Hi guys....

 

I have my permit form all filled out but I'm a little nervous about submitting it. I moved to NJ when I was 24 yrs old. When I was 21 yrs old I did something stupid with a friend of mine. I let him put some items that belonged to him into my car that he had taken from his Ex-girlfriends apartment and we were both arrested for burglary. It was a bad time for me because my father was dying of cancer and I did not want to get my parents involved, so I let a public defender, which was another stupid move on my part represent me. Anyway, I listened to the public defender and plead guilty to a lesser charge (Conspiracy to commit burglary). Not thinking about my future I just wanted it to be over. Rather than having a Felony hanging over my head it was reduced to a gross misdemeanor. This is the only time in my life that I have been in trouble with the law. Its been 30 years ago and I have never had any problems with any kind of employment because I was honest and upfront. Just a lot of EMBARRASSMENT & SHAME on my part. I paid a lawyer $800 a few years ago to have my record sealed but he told me that he could not find my arrest and refunded my money. I went as far as calling the court clerks in Nevada and they found nothing, they said that since its been 30 years the case could have been purged.

 

 

So I'm asking your advice to see if I should do what i have always done and put my arrest on the application or should I leave it out??

 

Thanks in advance......

[Qel Hoth 33]

 

 

So I'm asking your advice to see if I should do what i have always done and put my arrest on the application or should I leave it out??

 

Thanks in advance......

 

Lying on the application (as on most government forms) is a crime. In this case a 3rd degree crime, which would definitely preclude you from ever (legally) owning firearms.

[TheSmokingGun 0]

Consult a lawyer. Internet legal advice is worth exactly what you paid for it.

[Candide 0]

I forget exactly how to do it but get yourself fingerprinted and do a background check on yourself. Someone here probably knows better how to do it. You can also go online and find one of the businesses that does criminal background checks. Pick a legitimate one and not some shady company. Employers do these all the time. Use one of those companies.

 

If everything comes up clean I would submit the application worry free.

[Socom 19]

I have a misdemeanor on my record and I own guns and I have my ccw from va when I lived there. Turn it in you'll be fine

[FisherDan 0]

Arrest records for a lot of states are now available online. It looks like in Nevada, you can get your own criminal record very easily but unfortunately not online. The link with instructions is here:

 

http://nvrepository.state.nv.us/criminal/forms/PersonalNevadaCriminalHistory.pdf

 

Looks like it will take about a month after you submit the info.

[dtown223 12]

A non-violent misdemeanor ( a "disorderly persons offense" in NJ)

Isn't grounds for denial

I had a similar situation, hope this helps:

http://njgunforums.com/forum/index.php?/topic/30744-certificate-of-eligibility-fid-questions/page__fromsearch__1

[jgofnj 5]

Consult a lawyer. Internet legal advice is worth exactly what you paid for it.

 

This is so true!!!!!

[TheDon 3]

By letter of the law, you should be OK. Some local PD Chiefs might make an issue. It's basically in the hands of the issuing agency.

I say, go for it. If you get denied, get a lawyer.

[NJKen 23]

It also depends on your township. I did some dumb crap as a kid too and my township brought it all up at my interview. Fortunatly for me the detective thought most of it was amusing. Like said above, put it in your app. There is a face to face interview where you have a chance to explain the whole situation, not just what the paper says. If you try to skip mentioning it and turn that paperwork in you will be denied.

Ken

[mipafox 438]

I have a misdemeanor on my record and I own guns and I have my ccw from va when I lived there.  Turn it in you'll be fine

 

Not all misdemeanors are the same. Any (state or local) misdemeanor with a potential sentence over 2 years is a prohibitor nationwide for life, even if you don't spend a day in jail. Federal violations or state/local crimes are anything over 1 year.I am not a lawyer. This guy should get an NJ lawyer involved. Even if the lawyer gets the answer wrong, it MIGHT give him a due diligence defense, or at least a consideration by the court. As of now, he can't answer, NO. His last lawyer only said he couldn't find it, and the state only said maybe it's not there anymore.

[Qel Hoth 33]

 

 

Not all misdemeanors are the same. Any (state or local) misdemeanor with a potential sentence over 2 years is a prohibitor nationwide for life, even if you don't spend a day in jail. Federal violations or state/local crimes are anything over 1 year.I am not a lawyer. This guy should get an NJ lawyer involved. Even if the lawyer gets the answer wrong, it MIGHT give him a due diligence defense, or at least a consideration by the court. As of now, he can't answer, NO. His last lawyer only said he couldn't find it, and the state only said maybe. it's not there anymore.

 

Even if its not there anymore, questions 19/20 ask "have you ever..." Not "Is there a record of..."

[mipafox 438]

Even if its not there anymore, questions 19/20 ask "have you ever..." Not "Is there a record of..."

 

 

There are circumstances under which, even if you HAVE ever, and you are asked, "Have you ever...," you can legally respond NO.  

 

Legal facts and events change retroactively, not just the legal disabilities.  Kinda like History nowadays.

 

But I am in full agreement.  Even if the records are simply gone, it does not mean he can say No.

 

And I am certainly not a lawyer.