Hello i recently applied for a permit to purchase a handgun as I have done so many times before and most recently three months ago. I spoke with the officer and I was not formally denied yet but he stated to me that something came back on my background check from when I was a minor. He stated that it shows a burglary charge. When i was 15 I was charged with disorderly persons and illegal tresspassing (Burglary dropped down). I was under the impression this was expunged and have never had a problem before. My attorney recently died who allegeldy did the expungement 15 years ago and the attorney I used for the case is no longer practicing. The police officer stated to me that "It was a question on the application that if I was adjudged a juvenile delinquent I had to answer yes". I did not answer yes as I have never done so before. The kicker with this whole thing is he stated it wasnt submitted as of yet to NJ State police and he asked for the paperwork I had on the (Which I have none I have to go the court house to get it) and he would submit it to the chief who will review everything and potentially deny me or approve it.

 

The questions I have are this.

 

I have recently purchased a rifle and the NICS went through clean as alwasys (two day prior to speaking to detective) why would this be?this has never come up before on a NICS or anything so I wonder if the expungement was complete?

 

I recently purcashed a handgun a few months ago with an approved permit why has the practice changed?

 

What issues do you see with my situation? I have never had any other charges as a minor or adult and my record is clean.

 

Why wouldnt the PD send to state police? the detective stated that this was not yet sent to state police.

 

If this is denied I know I can appeal but if my record is not expunged what could potentially happen?

 

Thanks for all your help!

We all hate em until you need em, but it's time to contact a lawyer ASAP.

I am looking for a good one now but I just don't get why? Why would I pass a nics check but not a background check? Doesn't make sense

They might have found the arrest records, i dunno if nics looks at that or not.

I am looking for a good one now but I just don't get why? Why would I pass a nics check but not a background check? Doesn't make sense

You say you were "charged" with disorderly persons and trespassing, can we assume you were convicted of these charges? (since you state your record was later expunged).

 

You need to talk to a lawyer since there are legal questions that laymen on this forum are not going to be able to answer accurately, such as: does a conviction of disorderly persons and trespassing mean you were or were not actually adjudged a juvenile delinquent? and, if it DOES mean you were adjudged a juvenile delinquent, does having your record expunged mean you can legally answer this question with a no?

 

Your NICS check were probably approved because your record is most likely expunged, the local PD probably found an arrest record, get a lawyer and get this straightened out before this goes any further.

Anyone know of a good attorney for this type of situation involving firearms in Bergen county NJ?

Hello i recently applied for a permit to purchase a handgun as I have done so many times before and most recently three months ago. I spoke with the officer and I was not formally denied yet but he stated to me that something came back on my background check from when I was a minor. He stated that it shows a burglary charge. When i was 15 I was charged with disorderly persons and illegal tresspassing (Burglary dropped down). I was under the impression this was expunged and have never had a problem before. My attorney recently died who allegeldy did the expungement 15 years ago and the attorney I used for the case is no longer practicing. The police officer stated to me that "It was a question on the application that if I was adjudged a juvenile delinquent I had to answer yes". I did not answer yes as I have never done so before. The kicker with this whole thing is he stated it wasnt submitted as of yet to NJ State police and he asked for the paperwork I had on the (Which I have none I have to go the court house to get it) and he would submit it to the chief who will review everything and potentially deny me or approve it.

 

 

????

 

If it was expunged, would you not have paperwork (Proof) that it was and/or can you not request Court Records to the fact if you misplaced them??

Honestly I have misplaced my records and I'm not entirely sure it was expunged since it was so long ago. I am going to try and go down to the county to see if I can get a copy of the records.

 

The charge was illegal trespassing disorderly persons.

 

I should be able to get the records from the county right?

Depending on how long ago it was, you may need to get your records from the archives in Trenton.

 

http://www.judiciary.state.nj.us/superior/copies_court_rec.htm

 

Good luck to you in getting this resolved.