Background Check and NJ PTI?

[mstork5]

Hey all

Just got on the board recently, right after moving to PA, and this is my first time posting. Now that I'm out of NJ, I was planning on buying a gun. I used to own two when I was in the Army and stationed in GA, but that was quite a while ago. My question is regarding question #11C on the background check application: "Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more then one year, even if you received a shorter sentence including probation?" I was arrested when I was 20, for a non-violent offense. Rather then going to trial, I accepted an offer of PTI (Pre-Trial Intervention). Basically you are on probation for 6-12 months. If you have no other legal trouble during that time, the case is closed and the record is sealed. It can then later be expunged, removing it totally. I haven't ever done the expungement, but I've also never had any trouble with background checks for anything else. So, if the record is sealed, and I was never convicted of a crime, can I answer NO for that question? I'm thinking of going ahead and doing the expungment, but just wanted to get an opinion first. Someone also suggested talking to a lawyer, and getting them to do a records check to see what comes up. I think I could also just do my own records check, but I'm not sure which is the best place to start. Any help you can provide would be appreciated. Contact info for a good attorney to speak to would be helpful as well.

Thanks,
Mike S.

[knight0334]

In PA's law's, the definition of a "conviction" is worded as:

"A conviction, a finding of guilty or the entering of a plea of guilty or nolo contendere, whether or not judgment of sentence has been imposed, as determined by the law of the jurisdiction in which the prosecution was held. The term does not include a conviction which has been expunged or overturned or for which an individual has been pardoned unless the pardon expressly provides that the individual may not possess or transport firearms."

I had an incident in FL in my youth that resulted in a Nolo plea and an adjudication withheld - which is NOT a conviction under FL law. I had to prove it through a denial responce and the PA State Police were fine with it.

[smoki]

Originally Posted by mstork5

So, if the record is sealed, and I was never convicted of a crime, can I answer NO for that question?

This is true. But if you were convicted of a crime of violence, drug related, or felony, it would be a serious crime not to disclose that on your application, even it the original record was sealed.

I think I could also just do my own records check, but I'm not sure which is the best place to start. Any help you can provide would be appreciated.

Here are 7 Steps To A Free Criminal Background Search. However, I think that a do-it-yourself background check involves some work on your part, and some courthouses charge a fee for access to their website or to get hard copies from the courthouse. Many on-line companies will do it for you almost instantly, but they charge a modest fee.