PICS challenge probation without verdict

[michael v. 1977]

I was told this charge would not inhibet me in any way after completing probation, is this true. I was denied and then sent in the challenge form. My background chack has been placed in undetermind status because my record shows the arrest and nothing more, and like the tittle reads I was given one year probation without verdict and completed.

[Shawn.L]

what was the charge?

[JoeWilliams]

what was the charge?

Not sure it matters... without a verdict, that means no conviction, so the charge won't matter.

But, have you completed probation?

[michael v. 1977]

Yes I completed it in 2003

[mikepro8]

After you completed it in 2003, did you complete the appropriate paper work to have your record expunged?
If not, the arrest is probably still showing on the rap sheet.

PWOV is a different animal. http://members.aol.com/Judiciary/35PA780_117.html

Read it, its very helpful. There HAS to be a plea entered.

"Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal shall be without adjudication of guilt and shall not constitute a conviction for any purpose whatever, including the penalties imposed for second or subsequent convictions: Provided, That probation without verdict shall be available to any person only once: And further provided, That notwithstanding any other provision of this act, the prosecuting attorney or the court, and the council shall keep a list of those persons placed on probation without verdict, which list may only be used to determine the eligibility of persons for probation without verdict and the names on such lists may be used for no other purpose whatsoever."

it MAY matter if the charge still shows as pending on your rap sheet - especially if it was a felony or Misdemeanor first degree... both would federally preclude you from obtaining a firearm. IIRC, The fed statute not only covers convictions, but active indictments as well.

[pex]

It's always been interesting to me that it is the burden of the citizen to prove to government that the government has not made a conviction against the citizen, to acquire arms he has right to keep and bear.

"Due Process"

You won't be the last person who is screwed by the lies of the DA, the probation department, and perhaps even your own lawyer.

[mikepro8]

It's always been interesting to me that it is the burden of the citizen to prove to government that the government has not made a conviction against the citizen, to acquire arms he has right to keep and bear.

"Due Process"

You won't be the last person who is screwed by the lies of the DA, the probation department, and perhaps even your own lawyer.

uhm. how was he lied to? Sounds like the guy didnt hold his end of the deal by not completing expungment paperwork... the usual process for this sort of thing. I sincerely doubt that it was malicious. I know, because I am one of those evil probation officers.

[pex]

There is a habit within the system to glorify and oversimplify expungement/record-sealing.

It may be ignorance, instead of malice, which may be just as reprehensible, with a government involved who is otherwise entrusted to make and uphold the law.

It is possible this is a misunderstanding on my part, but I believe that there can be a record of arrest without a record of indictment or a record of information. That is what allows for a status of "Undetermined".

Because the requirement by statute is that a prohibited person must be convicted, indicted, or under information for any of the prohibited legal conditions (as it pertains to the OP's situation), it would occur to me that no proof of conviction, indictment, or information would mean no prohibition of sale. A arrest record would be none of those.

We're all "undetermined" until the government 'finds out' about us.

[mikepro8]

Expungemnet in this situation is easy.
I understand it may not always be, but there are few times it is. PWOV and ARD are the two simplest because its part of the program and clearly part of the statute.

I agree 100% that there can be an arrest without an Information filed. That is NOT the situation here. The OP entered a guilty/no contest plea - he had to in order to get the benefit of PWOV. In order for that to happen there MUST be an Information filed. Without any further detail... its tough to comment. OP noted the arrest was showing on his record.
My guess is that the Clerk of Courts holds onto the "conviction" information without sending it to the appropriate party to enter into NCIC until his PWOV is completed. Its a guess, purely speculation on my part, but it makes sense in my mind. But, we seem to be in agreement there.

If I were the OP, I would get ahold of my PO or attorney to make sure the expungement follows through. Either should have the appropriate paperwork, which normally needs to be notorized as well as signed by the "defendant."

[michael v. 1977]

I do not think anyone was or is out to trick me. Do you think this is something I can clean up. I have allready requested the court records and obtained an application online to get some kind of paperwork showing completed probation. Any suggestions on how to get it expunged.