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FishNHard

Dismissed charge showing up on p2p.

By FishNHard, in Current New Jersey Gun Laws Discussion

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Chvl67    0

Chvl67
Posted

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.

Just like the proposed terrorist watchlist bill. The "remedy" is in the form of having to lose money taking time off of work to go to court, and possibly pay a lawyer to defend in the appeal. I am not litigious by any means--but the fact that someone, anyone, can file some form of complaint against another person with no repercussions, and that false complaint will follow someone around is insane to me. The very fact that an expungement would even need to take place is ridiculous-if there's no conviction of any illegal activity, then THAT essentially means that whatever the person is accused of never happened.

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Tunaman    560

Tunaman
Posted

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.

correct. After expungement, the search will show "no record found".

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M4BGRINGO    139

M4BGRINGO
Posted

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.

 

Wow, Steve the fighter, who woulda think it..............You trouble maker! ;)

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Tunaman    560

Tunaman
Posted

I continue to diagree. LE can still see it, expunged or not.

 

Chvl67 I dont think its fair or right, I just think this is how a NJ court will see it.

from a lawyer..."

With an expungement, police reports, court records and your record are wiped clean so that it is as if the arrest (or conviction) never happened. When it comes to expungements and gun permits, I charge my fee for the expungement and do the gun permit for free. Just my way of providing a good service for the best possible price."

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Sigman    41

Sigman
Posted

Let me ask you guys this , if denied can you appeal yourself or is somthing you need a lawyer for ??

 

It doesn't sound like you're getting denied. They're probably making sure the TRO is dismissed.

 

I don't believe you get a TRO expunged. You need to get it dismissed in court which you already did. A TRO isn't an arrest or conviction of a crime. It's a court order issued by the judge. You can only expunge arrest/conviction records. If you were arrested and a TRO was issued, then it's a different story.

 

In this case, you would need to expunge the arrest record even if you were found not guilty.

 

I wouldn't worry about it, but I believe you can get a copy of the court hearing from the records dept. at the court house where the hearing was heard. It will list the outcome and any fines that were imposed. You may want to get a copy just for your own record. You won't get denied based only on a dismissed TRO. You would likely be denied if the TRO was not dismissed.

 

Question 16 on the The FPID/Handgun Purchase Permit Application asks if you were convicted (means found guilty) of domestic violence where physical contact happened. This means arrested/found guilty of physical contact. It sounds like you were not.

 

Question 17 on the The FPID/Handgun Purchase Permit Application asks if you are subject to any court order for domestic violence. That means there is a TRO still active against you. It sounds like it was dismissed some time ago.

 

I'm surprised that this is turning up after passing previous background checks/NIC's checks.

 

I'm not a lawyer, but wouldn't worry about it. It's a different story if they have the court records messed up and not in line what you're saying happened. This is unlikely after passing previous background/NIC's checks.

 

And Yes, you can appeal without a lawyer if denied. I personally wouldn't hire a lawyer if I had records proving that a TRO was previously dismissed in court and not active. Again, if that was the only reason for denial.

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Chvl67    0

Chvl67
Posted
I wouldn't worry about it, but I believe you can get a copy of the court hearing from the records dept. at the court house where the hearing was heard. It will list the outcome and any fines that were imposed. You may want to get a copy just for your own record. You won't get denied based only on a dismissed TRO.

And that's what I was told by at least 15 different people: Don't worry about it. I answered in the negative as stated above with my STS33 address change and P2P that's now on day 45.

I myself have all transcripts of court appearances, including the judge getting royally pissed for the manipulation of the system, and him fining her for contempt. (Which I'm sure she never paid a dime of)

FishNHard just got my blood pressure back up with this topic...Thanks Fish!

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Tunaman    560

Tunaman
Posted

And that's what I was told by at least 15 different people: Don't worry about it. I answered in the negative as stated above with my STS33 address change and P2P that's now on day 45.

I myself have all transcripts of court appearances, including the judge getting royally pissed for the manipulation of the system, and him fining her for contempt. (Which I'm sure she never paid a dime of)

FishNHard just got my blood pressure back up with this topic...Thanks Fish!

Did you get arrested at any time?

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