Jump to content
charleslee

20 year old misdemeanor

Recommended Posts

A friend of mine has a 20 year old Disorderly Conduct conviction on his record. Would that prevent him from obtaining a Firearms ID Card & subsequently, P2P's? I know they ask on the forms if you've ever been convicted of a misdemeanor but cannot recall if there is a time frame, e.g., ...in the last ten years? Thanks.

Share this post


Link to post
Share on other sites

The key operative here is "that has not been expunged or sealed".  Tell your friend to get it expunged FIRST before he applies for the card.  I know a great guy that can do it.  Let me know if you need more.

Share this post


Link to post
Share on other sites

Check those forms again. I dont have one in front of me. But does it say misdemeanor? Anyway i was in jacksonville n.c. 25 years ago. I got arrested for a fight and went to court. It was a misdemeanor. It didnt have any effect on me. Local pd just asked me about it 6 mos ago. I totally forgot about it until they asked me. I ex plained it and they said ok heres your pistol permit. But. Each case can be different depending on your chief leo.

Share this post


Link to post
Share on other sites

Tell your friend to get it expunged. There is absolutely no reason not to. It is not difficult and there is no need to hire a lawyer. He just needs to follow the instructions to the letter.

 

Send him here:

http://www.state.nj.us/corrections/pdf/OTS/FRARA/Parole%20Handbook/10557_expunge_kit-11-2012.pdf

Share this post


Link to post
Share on other sites

Not a direct answer to the question and will prolly differ from town to town. But when I applied for my FID I had a 25 year old arrest that was thrown out of court/ dismissed without being heard. It was a completely bogus drug arrest where about 20 people were arrested, everyone in the vicinity (outdoors) for what 1 person had on their person not hidden away where anyone had access. After waiting 3 mo for my FID I touched base with the PD to see how it was going. The cop handling it brought up the arrest which was so long ago and petty I forgot to even list it (don't even remember if there's an arrest without conviction question). I told the cop the story and he said the Chief wanted to see the  transcript before signing off on my FID. I told him there was no conviction on the issue thus innocent until proven............... and could not be used for denial, at which point he went into cop power trip mode and said, if the transcript comes back showing I had any type involvement I could be denied due the character clause. He was right in a way. The Chief can deny because he thinks you have a guilty looking face. You can't make him sign off, and the court in NJ will always not even reprimand for such nonsense when it comes to gun issues. The appeal would probably go in your favor,but now your spending time and money for what never should have been an issue to begin with. Like was stated above. Get it expunged and you don't have to worry about it. If you don't depending on where you are it could come back and bite you.... Right or wrong 

Share this post


Link to post
Share on other sites

NJ does not have misdemeanors and felonies.

 

We have disorderly persons and crimes.

 

I am not a lawyer, but I do have some experience with this. 

 

I did something dumb and impulsive as a young man 23 years ago. I was arrested immediately. I foolishly did not hire an attorney and threw myself at the mercy of the judge and plead guilty to a disorderly persons offense that did NOT result in jail time. I was fined and I was put on probation for a year.

 

That conviction has not prevented me from getting my NJFID in 2010 or 6-12 handgun permits every year since.

 

Just make sure he comes clean on his applications every time and he should expect to explain himself to an officer at some point. A LEO called me out of the blue to ask about the conviction when I applied for my initial FID card. I calmly and carefully explained my youthful mistakes to the officer and said it was the best thing that happened to me as it was a lesson in how not to live my life. The Police have not called me again for subsequent handgun permit applications. 

 

He could also go to the expense and hassle of getting it expunged.

 

Good luck. I hope his town is as accepting of his youthful mistakes as mine has been.

Share this post


Link to post
Share on other sites

Offenses and Crimes.

 

In order:

Petty Disorderly Persons Offense

Disorderly Persons Offense

4th Degree Crime

3rd Degree Crime

2nd Degree Crime

1st Degree Crime

 

 

Sent from an undisclosed location.

 

 

Share this post


Link to post
Share on other sites

"NOT LEGAL ADVICE"- I had a similar issue. Disorderly conduct in PA from college years. First FID I forgot to mention it, chief issued anyway. 2 weeks later they called me and asked me to return card. I reapplied with the info on the form and was given a new FID. Its my understanding that "disorderly conduct" and "disorderly person" are quite different. DP would possibly DQ from FID. 

Share this post


Link to post
Share on other sites

Thank you everyone for your advice. I gave it to my friend. He said he might get it expunged himself; if he had to get a lawyer, he wouldn't.

it cost me 700 bucks for mine.  I never had to lift a finger or go anywhere.  Total no brainer.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...