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Note Well - Mental Health Form SP-66 CHANGED On 10/27/2014

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While answering another handgun permit application question, I discovered this. I was about to apply for permits TODAY with the old form! I have the PDF file all filled out from previous use.

 

http://www.njsp.org/about/firearms.html

If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository."  From Wikipedia

 

If such records are destroyed or sealed from the state or federal repository, how can they see it??????

 

If they can see it, it's not really expunged!!!

 

This is illegal activity IMHO!!!!

This is a thorny area of the law. Even if you obtain an order expunging a mental health record, you have to perfect the order by serving it on various entities, including the mental health facility. If you fail to do so, the order is not perfected and the facility will not destroy/segregate the record amd if ;aw emforcement checks, they can locate it. The key here is that the needed background check, trumps the expungement order and the State can inquire into it. Howerver, the fact it was expunged, is a good thing in the sense that a judge concluded you were not a threat to yourself or others and it should be fairly easy for the applicant to produce the requisite evidence that he no longer suffers from the disability. Frankly, the entire NJ process, makes little sense, unless justified on the basis of redundancy in light of the need to undergo a NICS check at the point of purchase anyway.

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