You have been put on research list! WTF?

[marthos]

Whoa guys, thats NOT what I meant.

What I mean was, being that I am not Prohibited, My wife would be allowed to own the firearm in our home, and after I straighted this out, I could buy what she wanted and we could swap them later on, I stated I DID NOT want to stop the process so I could RESOLVE it.

[marthos]

My misdemeanors where state lvl and they were graded 2, I was never convicted, as I was put into ARD 16 years ago.

Should I be Prohibited???
Maybe I am wrong but I dont think so.

[jerkin]

If you got ARD then you can go to the Clerk of Courts in the county where it happened and have it expunged, you don't even need a lawyer to do it. It does take like 8 months to come off though.

[marthos]

Originally Posted by jerkin

If you got ARD then you can go to the Clerk of Courts in the county where it happened and have it expunged, you don't even need a lawyer to do it. It does take like 8 months to come off though.

Thanks for that, I always assumed I needed a lawyer to do that, which is why it wasn't done already.

Would you happen to have a link to information on doing an expungment, LTCF was next on my list, but I thought I may have to expunge first.

EDIT for Dislexia!

[exceltoexcel]

ARD is different

but here's the info on expungment, Basically unleess your 70 with 10 years of being clean or a juvinile conviction, bend over

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"

[exceltoexcel]

Or..

maybe You can do this, but I doubt it...

18 Pa.C.S. § 6105.1: Restoration of firearm rights for offenses under prior laws of this Commonwealth
(a) Restoration.--A person convicted of a disabling offense may make application to the court of common pleas in the county where the principal residence of the applicant is situated for restoration of firearms rights. The court shall grant restoration of firearms rights after a hearing in open court to determine whether the requirements of this section have been met unless:
(1) the applicant has been convicted of any other offense specified in section 6105(a) or (b) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) or the applicant's conduct meets the criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or (7);
(2) the applicant has been convicted of any other crime punishable by imprisonment exceeding one year as defined in section 6102 (relating to definitions); or
(3) the applicant's character and reputation is such that the applicant would be likely to act in a manner dangerous to public safety.
(b) Notice and standing.--
(1) Notice of an application for restoration of firearms rights shall be provided to the Pennsylvania State Police, the district attorney of the county where the disabling offense occurred and the district attorney of the county where the application is filed. The district attorney of the county where the application is filed, the district attorney of the county where the disabling offense occurred and the Pennsylvania State Police may, at their option, be parties to the proceeding.
(2) Notwithstanding paragraph (1), the standing of the Pennsylvania State Police as a party to a proceeding under this section shall be limited to determinations of whether the offense meets the definition of the phrase "disabling offense" or whether the provisions of subsection (a)(1) and (2) have been satisfied.
(c) Copy of order to Pennsylvania State Police.--If the court grants restoration of firearms rights to an applicant, a copy of the order shall be sent by the prothonotary within ten days of the entry of the order to the district attorneys and the Pennsylvania State Police, Firearms Division, and shall include the name, date of birth and Social Security number of the applicant.
(d) Expungement and pardon.--A restoration of firearms rights under this section shall not result in the expungement of any criminal history record information nor will it constitute a gubernatorial pardon.
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Disabling offense." A conviction for any offense which:
(1) resulted in a Federal firearms disability and is substantially similar to either an offense currently graded as a crime punishable by a term of imprisonment for not more than two years or conduct which no longer constitutes a violation of law; and
(2) was a violation of either of the following:
(i) the former act of May 1, 1929 (P.L.905, No.403), known as The Vehicle Code, or the former act of April 29, 1959 (P.L. 58, No. 32), known as The Vehicle Code; or
(ii) the former act of June 24, 1939 (P.L.872, No.375), known as the Penal Code.
The definition shall not include any offense which, if committed under contemporary standards, would constitute a misdemeanor of the second degree or greater under section 2701 (relating to simple assault) and was committed by a current or former spouse, parent or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent or guardian or by a person similarly situated to a spouse, parent or guardian of the victim.
"Restoration of firearms rights." Relieving any and all disabilities with respect to a person's right to own, possess, use, control, sell, purchase, transfer, manufacture, receive, ship or transport firearms, including any disabilities imposed pursuant to this subchapter. The phrase shall also mean the restoration of the right to vote, to hold public office and to serve on a jury.

[marthos]

Originally Posted by exceltoexcel

ARD is different

but here's the info on expungment, Basically unleess your 70 with 10 years of being clean or a juvinile conviction, bend over

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"

I think that is my ticket, My case has nothing to do with drugs or DUI, but, court for ARD was with 5 other defendants and our lawyers all at once, and they were all DUI's, the Judge explained that if we completed the program and stayed out of trouble, we could get our records expunged.

When one accepts ARD, what are you pleading guilty to?

EDIT

I found this

What is Pennsylvania Accelerated Rehabilitative Disposition (ARD)?


Accelerated Rehabilitation Disposition, or “ARD”, is a pre-trial intervention program that is designed to divert first-time, non-violent offenders from the criminal justice process. Many people who apply for admission into the ARD Program in PA are people who have been charged with Driving Under the Influence / DUI. The ARD Program suspends the criminal justice process while the person is on ARD probation and complies with certain conditions. If a person successfully completes the ARD program, the charges are legally dismissed.

at this lawyers website http://www.recordgone.com/pennsylvan...xpungement.htm

Anyway, back on topic, the end of another day in a holding pattern above america.

Hope he calls me tomorrow!

[lexnaturalis]

Originally Posted by marthos

Whoa guys, thats NOT what I meant.

What I mean was, being that I am not Prohibited, My wife would be allowed to own the firearm in our home, and after I straighted this out, I could buy what she wanted and we could swap them later on, I stated I DID NOT want to stop the process so I could RESOLVE it.

Ah, right. Very good then.

[V-MAN]

Marthos -

I got to thinking about your situation, how long has it been since you were put into "research"? I was looking for a time limit they need to give approval/denial but I'm not able to find that info this AM. I'm sure there is a limit, it seems like 45 days but again I can't confirm this for you now, I will look again later (maybe somebody else can provide the statue here, if there is one). The important thing I wanted to say was IF you actually were denied or you get a denial then you MUST file an appeal within 30 days! See statue below:

§ 33.121. PICS firearm acquisition/license to carry/denial challenge.
(a) The PICS firearm acquisition/license to carry/denial challenge form, shall be furnished to licensed firearms dealers and county sheriffs in this Commonwealth, to be provided to individuals upon request, who are denied the ability to purchase or acquire a firearm, as defined in section 6111.2 of the act (relating to firearms sales surcharge) or a license to carry a firearm, based upon a PICS firearms background check determination. A written request for these forms may be directed to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110. Forms shall be furnished to the firearms dealer/sheriff and shall be requested at least 3 weeks prior to the time of actual need.

(b) The PICS firearm acquisition/license to carry/denial challenge form shall be either typewritten or printed in blue or black ink pen. The form shall be completed containing legible impressions. It shall be the responsibility of the individual submitting the denial challenge to ensure the form is accurately completed. The form shall be submitted within 30 days of the PICS denial determination by the requesting individual, by first class mail, to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110.



Source

The provisions of this § 33.121 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145


Just trying to give you as much info for your situation.

[marthos]

Thank you for the info!

It was Tuesday Oct 27th when the PICS was called in, this coming tuesday Nov 10th will have been the 15 days that the PSP says they have to complete the check. (unless sundays dont count)





Yes, I am impaitent, and all the reading I have done, has only made it worse.


I should pass no problem, I should have passed by now with out any problems, but here I am.



I went from knowing I will pass, to wondering how long I will be Undertimened.

They are the Pensylviana State Police, They have my Drivers License number, my Social Security Number, and I would guess that somewhere they have a copy of an earlier Drivers License with Jr. on it and the next one without the Jr. (if they dont, they could look at PennDot records).

Why do they have to take so long to verify who I am, if I got arrested and gave that much info, it wouldnt take them 15 MINUTES to verify and book me.

PennDOT had no problems dropping Jr., the police have no problems giving me a ticket with out the JR., The Judge who granted my ARD didnt have a problem with no Jr. matter of fact my name is not in order on the court paper work, but I signed it the right way except for no Jr.

Just frustrated, rant over.

P.S. If your reading this cause your under research and want to ease your mind, STOP READING, Turn off the computer, and find something to do till they call you, it will not help.


1 last thing in this post, next year that CZ will be 25 years old, does that make it an antique???



EDIT - 15 days is the limit on PICS check according to the PSP. http://www.portal.state.pa.us/portal...&css=L2&mode=2