Dismissed charge showing up on p2p.

[FishNHard 145]

Ill give you the quick run down and ask for your thoughts, 2005 girlfirend losses her job and instead of trying to get a job sits around and drinks all day this goes on for a while i tell her find a job to help pay the bills or leave she gets pissed and to be spitfull calls cops says i hit her and i get a TRO so we go to court and she tells the judge she lied and said it cause she was pissed off and drunk , judge almost threw her in jail, so charge was dismissed and i get my guns and fid card back. have bought a bunch of long guns since then but no hadguns , 2/12/13 i apply for 2 pistol permits a few days ago i call just to check up on the porgress and the officer tells me that the dismissed charge showed up and the chief wanted to see the old file , the officer who does the firearms stuff tells me it was dismissed and shouldnt be a problem i should get a call in a few days , but i was told that last week as well. I tought since it was dismissed and she admitted she made it up that itwas never there i this somthing i need to worry about and or i is what i need to do to , or should i just first wait and see if they call next week.

John

[XDJohnTact 49]

I would just give it another week or so and see if it comes through.

[FishNHard 145]

yea it was just a little unnerving thincking you have a spotless record and this pops up, wonder if there somthing that can be done to remove it .

[Tunaman 549]

There is something you can do about it. Get it expunged. I am going through the same thing right now over an arrest 34 years ago that was dismissed also. It will show up till the end of time if you don't get it expunged. The denial is up to the chief. They gave me 2 p2p and a duplicate FID with this same record back in 1991. They also issued me a new FID in 2009. I believe if it is not a conviction of any type you will be ok. My guy is doing it for 775.00. I should have done this years ago. You never want to get a permit denied as you will have to list that on any application. Git er done.

[Babyface Finster 45]

Please tell me she is your ex-girlfriend now.

[buell508 6]

I had a disorderly from 12 years ago come up, what is the process to expunge?

[FishNHard 145]

If it does get denied even if i get it expunged you still have to then check the box have you ever been denied a permit so there gonna ask about it anyway is that correct.

[Anselmo 87]

Google how to expunge in NJ. NJ has a nice little packet and instructions so you can do it yourself. It takes about 6 months.

 

To the OP, nothing you can do now but be a patient for a few more weeks.

[Anselmo 87]

If it does get denied even if i get it expunged you still have to then check the box have you ever been denied a permit so there gonna ask about it anyway is that correct.

 

Yup. You'll go to court and a judge will grant it to you most likely. Then you will check the box "yes" and write in that it was granted on appeal.

[Shawnmoore81 623]

That's not uncommon. My buddy got denied because of a temp RO that was removed. He's fighting it now

[FishNHard 145]

So if the chief denies it i may still be able to get them on an appeal , hopefully it doesnt play out that way and they just issues them

[Candide 0]

You didn't answer the question about the gf.

[ryan_j 0]

Yeah if she's still a habitual drunkard and you live with her that can cause some problems...

[FishNHard 145]

Nope ex GF but yet the aggravation lingers on

[Candide 0]

Nope ex GF but yet the aggravation lingers on

 

Lol. Good to hear.

[FishNHard 145]

Yea what makes it worse is that i have the 45 i want on layaway , so now all i keep thinking is the worse .

[Babyface Finster 45]

Regardless of the outcome of your permits, you should really get this expunged. You definitely do not need a lawyer. It is not difficult, you just need to pay attention to detail. It will take a while but it will be done. Cost should be less than $100 including all the certified mailings you need to do.

 

It's a worthwhile endeavor. The state has a packet you can download that has everything you need to get started.

[Babyface Finster 45]

Now that I think about it, I'm not sure you can ge this expunged. There was no conviction of any sort, right? As far as I know, you can only get certain convictions expunged. I would suggest you research it a bit.

[Tunaman 549]

Now that I think about it, I'm not sure you can ge this expunged. There was no conviction of any sort, right? As far as I know, you can only get certain convictions expunged. I would suggest you research it a bit.

It's not a conviction. He can get it expunged.

[FishNHard 145]

There was no conviction the judge dimissed the case when she told him she lied , i wish i knew about it before applying for my permit but now they seen the it pop up and even tho it was dismissed it still gives them an oppertunity to deniey it , which a think i can appeal it and get my permits because it was dismissed , and even getting the expungment they will find out again if i appy for any more permits because of the question on the app have you ever been denied a permit so sort of a chatch 22 . Only thing good is that the officer said i shouldnt have a problem since it was dismissed,

[Shane45 807]

I dont believe an expungement will benefit you in terms of permit applications. I believe LE can still see it.

[Anselmo 87]

I dont believe an expungement will benefit you in terms of permit applications. I believe LE can still see it.

 

I know the courts can still see it but you get to check the "no" box on the FID application about prior convictions.

 

Don't know if all TROs show up or just ones where there was alleged domestic violence.

[FishNHard 145]

The TRO did show up but also shows it was dismissed . I just spoke to my friend who is a Dallas cop and was telling him about it and he said the same thing what Shane45 just said that it will always show on there end ,even with an expungment the only thing if an enployer checks it will not show but LE will always see it.

[FishNHard 145]

It really sucks that if you prove you did nothing wrong and the other person says (HEY I LIED ) There should be absolutly nothing put on you record , Again the you guilty until provin inosent and even then it dont work.

[Steve_G 51]

I dont believe an expungement will benefit you in terms of permit applications. I believe LE can still see it.

 

No they can't. The only time an expunged record will come up is if you apply for a position in law enforcement. It is/was somewhere on the expungment paperwork about who can see what and under what circumstances. I had 2 assault charges (bar fights from my early twenties) on my record, one dismissal and one acquitall. I had them expunged years ago just so I didn't have to answer any questions about them.

[kahout 0]

It really sucks that if you prove you did nothing wrong and the other person says (HEY I LIED ) There should be absolutly nothing put on you record , Again the you guilty until provin inosent and even then it dont work.

New Jersey and you, perfect together!

[Chvl67 0]

I'm so focking tired of this. You've just now given me stress again. I submitted my FPID change and P2P app around the same time in Feb to the State Police and still waiting.

I also had false dismissed allegations and 2, count em 2 successive TRO's that Nappen defended me against a vindictive ex in 1999, that the court even held her in contempt. He never mentioned anything about needing to get them expunged prior to any sort of additional apps. After everyone I talked to (including some in LE) they all told me to not worry about it, and just submit my apps--I was going to get a lawyer to submit them, but that would have taken funds away from any purchases.

This was Lautenberg's doing.

[Shane45 807]

Applications only asks about convictions, not charges. I think some of you are confused. A dept may decide to deny you on the grounds of the interest of public safety. But you will likely be able to successfully appeal. I have no advice on the RO side of the fence.

[Chvl67 0]

Applications only asks about convictions, not charges. I think some of you are confused. A dept may decide to deny you on the grounds of the interest of public safety. But you will likely be able to successfully appeal. I have no advice on the RO side of the fence.

Correct--which is why I answered "no" to all of the appropriate questions. But yes, I fear the catch all, because we feel like it "in the interest of public safety". It's ludicrous to think that anyone would have to take time off of work, perhaps retain a lawyer, to appeal a RIGHT, given that the court system ALREADY decided that there was no grounds for "the interest of public safety". I'm not litigious, but I want to know who to sue should anyone (including myself) arbitrarily decide that they can take it upon themselves to change the rules.

[Shane45 807]

Im not sure you have grounds for a suit because a remedy is in place in the form of the appeal process which you would win because there is no actual conviction to prohibit you.

 

Thinking through it a bit I supose there could be some value in the expungement because at that point the dept would not be able to invoke the catch all because they cant take somethings that has been expunged into consideration.

 

Keep in mind these are just my opinions and not legal advice as I am not an attourney and I slept on the couch last night, not a holiday in.