LTCF Denial question; can I appeal?

[mrjam2jab]

This brings up a question:

Just about every application i have seen for the states carry license had the question: "Have you ever been denied a license in this or any other state?"

Does answering yes to this automatically disqualify? Since "there must have been a very good reason, so we wont even bother proceeding"....

[exceltoexcel]

I doubt charges would be filed. I also doubt you have to list expunged stuff, A lawyer would have to answer that but I'm pretty sure that a judge and only a judge can order disclosure of an expunged record. Find out the date and where you got pinched and follow the trail from there. Find the judge or court ruling and then get those expungement papers. If you don't or can't do that fight it anyway. There's no harm in trying. I don't see anyone coming after you for leaving out the conviction, that is unless they can honestly say you did it intentionally.. I'm not a lawyer, but that' would be how I would approch it. At best you should talk to one, at worse I'd take my chances in harrisburg. When do you have to appeal by? If you miss that date im pretty sure you're done for this year at least..

[Steve_NEPhila]

If they were going to file charges, they would have done it already. They probably would have asked you to come in and fitted you for some Smith and Wesson bracelets.

Most likely it is bullshit. Do some surfing, check the court of common pleas website. Most likely you will have to file a complaint moving for an injunction to force them to issue a permit. You can represent yourself in any matter, just do your homework and look up previous cases similar to yours.

There will be some filing fees to pony up for, but they should not exceed 50-100 bucks. Do some searching around, I am sure you are not the first to try this. One major argument you can make is that you are not a prohibited person (if indeed you are not) thus they must issue. Find the statute for must issue and read it well. Plead your case using the statute and you may just make it work without hiring a lawyer.

Disclaimer; I am not a lawyer, I am a business man.

Good luck.

[exceltoexcel]

Good advice.. Obviously the more home work you do the better off you will be. Either Way, I'd go in there and say, I'm not prohibited. My record was expunged and when it was brought up I told them everything about it. I'm not a prohibited person and according to the law it a must issue.

The more prep you do the better your chance will probably be. However, I don't see a real problem here if it was truly expunged..

Originally Posted by Steve_NEPhila

If they were going to file charges, they would have done it already. They probably would have asked you to come in and fitted you for some Smith and Wesson bracelets.

Most likely it is bullshit. Do some surfing, check the court of common pleas website. Most likely you will have to file a complaint moving for an injunction to force them to issue a permit. You can represent yourself in any matter, just do your homework and look up previous cases similar to yours.

There will be some filing fees to pony up for, but they should not exceed 50-100 bucks. Do some searching around, I am sure you are not the first to try this. One major argument you can make is that you are not a prohibited person (if indeed you are not) thus they must issue. Find the statute for must issue and read it well. Plead your case using the statute and you may just make it work without hiring a lawyer.

Disclaimer; I am not a lawyer, I am a business man.

Good luck.

[theo]

Originally Posted by exceltoexcel

The more prep you do the better your chance will probably be. However, I don't see a real problem here if it was truly expunged..

My son got a DUI a few years ago. He went through ARD and his record was expunged.

Unfortunately, there is no such thing as complete expungement. It is expunged to the courts and other people. The problem is it is still available to LEO/PICS.

[exceltoexcel]

Originally Posted by theo

My son got a DUI a few years ago. He went through ARD and his record was expunged.

Unfortunately, there is no such thing as complete expungement. It is expunged to the courts and other people. The problem is it is still available to LEO/PICS.

I thought it was the other way around

http://lawdigest.uslegal.com/expunge.../general/6546/

Eitherway, PA is wierd here. You not supposed to be able to have your records exponged unless your dead, 70 years old or older and have been released 10 years prior to application for expungement, or juvenile conviction..

Sort of crazy if you ask me. I think there should be a clear, easy way to get back your rights with a review anytime after release.

"Persons convicted of a crime may have records expunged in the following cases:

(1) An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or
(2) An individual who is the subject of the information has been dead for three years.
(3)A person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) and the person has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges.
(4)An individual in whose case no disposition has been received or, upon request for criminal history record information, no disposition has been recorded in the repository within 18 months after the date of arrest and the court of proper jurisdiction certifies to the director of the repository that no disposition is available and no action is pending
A person is not eligible for expungement if placed in an ARD program and victim was under the age of 18 for any of the following offenses:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 5902(b) (relating to prostitution and related offenses).
Section 5903 (relating to obscene and other sexual materials and performances).
18 Pa.C.S.A. § 9122.

In the case of juvenile records, a person may seek expungement when

1) the complaint or petition resulting from a complaint is dismissed;
2) six months have elapsed since the final discharge of the person from supervision under a consent decree and no proceeding is pending;
3) five years have elapsed since the final discharge of the person from commitment, placement, probation or any other disposition and referral and since discharge, and the person has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending;
4) the person is 18 or older and court determines expungement is in the best interests of justice. 18 Pa.C.S.A. § 9123"

[theo]

Originally Posted by exceltoexcel

I thought it was the other way around.

Just going by what he was told. He wants to go into Law Enforcement and was told they could still pick up the DUI. After 3 years, he could apply because most departments don't care after that time frame. But the DUI is still able to be looked at by LEO.

[bullpin]

Originally Posted by theo

Just going by what he was told. He wants to go into Law Enforcement and was told they could still pick up the DUI. After 3 years, he could apply because most departments don't care after that time frame. But the DUI is still able to be looked at by LEO.

Will you get denied for a dui?I thought it had to be a violent crime.

[5711-Marine]

Is John Perzel your rep in the General Assembly? If so contact his office and let him know you believe you were illegally denied a LTCF in Philadelphia. An inquiry from a general assemblyman may be the most cost effective method to make things right.

Of course if it is not Perzel, you are screwed (in my opinion after seeing the other representatives and state senators for that area).

[EasyRider]

edited for content